Grandparents’ Rights

Unfortunately, grandparents’ rights do not automatically include the right to see their grandchildren. However, the family courts recognise that grandparents can play a significant role in the lives of many children, and there are mechanisms in place for grandparents to request contact.

Child Arrangement Orders

A Child Arrangements Order specifies where a child will live and with whom they will spend their time. Grandparents do not automatically have parental responsibility, so only those with parental responsibility can typically apply for a Child Arrangements Order.

However, grandparents seeking to issue a Child Arrangements Order can request permission to apply, and the courts will consider a variety of factors, including:

●Grandparents’ involvement in their grandchildren’s lives
●The application’s nature
●The parents’ perspectives
●Whether the application may endanger the child

The Courts will consider each case individually to determine whether the grandparents should be allowed to file the application. The Court will always consider all of the child’s circumstances and will only make a Child Arrangements Order when doing so is preferable to making no order at all.

Special Guardianship

If care proceedings are initiated against a child, or if the child’s parents are unable to care for their children, grandparents may be appointed as Special Guardians for their grandchildren.

A Special Guardianship order gives the Special Guardians parental responsibility, which they can use without consulting anyone else who has parental responsibility, such as the child’s parents. If a grandparent is presented as a Special Guardian, the local authority will conduct an assessment to determine their suitability. A Special Guardianship order is intended to provide a permanent placement for the child until they reach the age of eighteen.

Adoption & Foster Care

When a child is placed in care, the local authority has a duty to encourage contact with the child’s birth family, as long as it is consistent with the child’s welfare. Unfortunately, contact with grandparents is rarely a priority for Children’s Services because they must prioritise contact with parents. As a result, any grandparents’ rights become obsolete.

An order authorising contact with the grandparents can be issued simultaneously with an adoption order. This would imply that the child would continue to spend time with their birth grandparents after adoption. However, unless the adoption is within the family, this is extremely rare in practice.

Furthermore, if a grandparent wishes to adopt their grandchild, there is nothing in the law preventing them from doing so. However, Special Guardianship Orders are preferred over adoption orders in order to minimise the impact on the family relationship when grandparents become legal guardians to their grandchildren.

Death of a parent

In the unfortunate event of death of one or both parents, care does not automatically get granted to the grandparents. This responsibility is more likely to pass to an aunt or uncle who are more naturally preferred from an age point of view. On the other hand, if the aunt or uncle have children of their own and are unable to care for another, there may be an opportunity for the grandparents to take over but generally this is for the families to decide between themselves.

It is critical to remember that anyone making a Will with young children should think about who they want to appoint as a Guardian for their children if they die. A member of our Wills and Probate team can provide additional advice on naming a Guardian in a Will and putting safeguards in place to ensure that any Guardian has financial support to care for the children.

How we can help…

Understanding rights as a grandparent can be overwhelming but that is why our Family Law team are experts at what they do. They are understanding, sympathetic, and will assist you every step of the process to discuss your options as a grandparent.

Please contact Nicholson Jones Sutton Solicitors today.