I am a grandparent; does UK family law afford me any rights?
Going through a divorce can be a difficult period for the two parties involved; especially any children that happen to be caught in the crossfire however, the needs of the grandparents are often neglected. The parents of the divorcees have little rights when it comes to seeing their grandchildren. This can be a painful time for them.
Contact Order Application
Parents and guardians have the right to apply for what is known as a Contact Order formerly referred to as ‘access’. A Contact Order provides a child the right to spend time with a parent or guardian. It will dictate the terms and visiting rights of the party in question. The law can however, overlooks grandparents in such circumstances. The only way a grandparent can get around this is to apply to the Court for permission to make an application for a Contact Order.
The courts then assess whether or not the grandparent in question has a viable case. What is their relationship with the child? Will the grandparent pose a threat to the child's safety? These are the issues that the courts will assess.
With luck this process will go through easily, however if the parents object to the grandparents spending time with the children then usually a hearing will need to be attended by all parties with Parental Responsibility so that the law can come up with the best solution to the issue. More often than not the Court will determine that it is a child’s right to have a meaningful relationship with their grandparent so as long as it is in their best interests.
