Grandparents
Our expert family law solicitors work from our offices in Dorset and Wiltshire and can provide family law advice for grandparents.
For grandparents who are caught in the middle of a relationship breakdown, it can be very distressing. Knowing your legal position can offer peace of mind and help you approach the situation positively and constructively.
The current law
In the event that a child’s parents split up, there is normally a presumption that the child has a right to spend time with both parents. This presumption does not exist for grandparents at the moment. Courts do acknowledge that grandparents often play an important role in children’s lives but no formal protection of the grandparent-grandchild relationship currently exists. This is why MPs want to change the current law.
What family law solutions are available for grandparents now?
Mediation is not just useful for couples going through a separation or divorce, it can also be used by grandparents and parents. A trained mediator will meet with you and your grandchild’s parents and will identify the issues you can’t agree on and help you try to reach agreement.
Mediation can help you make decisions about the future of the family and improve communication between the parties. Mediation is also less stressful, quicker and cheaper than going to court. Any agreement reached can be reviewed and changed to reflect children growing up if all parties agree.
If mediation does not provide a solution, you can apply to the court. As a grandparent you do not have an automatic legal right to contact with your grandchildren. This means you first have to ask the court for permission to apply for a Child Arrangements Order. Legal advice will be useful in this situation.
A Child Arrangements Order can be used to record who the child is to spend time with and the detailed arrangements for those periods. The time that a child spends with an adult is called ‘contact’. A Child Arrangements Order could include provision for overnight stays, indirect contact through letters or cards, direct contact or supervised contact as appropriate. It is important to remember that when a court is considering whether to make a Child Arrangements Order the primary consideration is the welfare of the child.
The above information appeared in Country Child online on 24 June 2018. To read the article please click here.
Stay updated
Enter your details below for the latest news and legal updates.
News & Events
news
However, you now have a mountain of paperwork to complete and lots of questions in relation to the funds you will be using to facilitate your purchase. Suddenly your exciting property purchase seems far less fun and a rather daunting and laborious experience. You might be asking yourself why so many questions? For those who
Read More
news
Farnfields’ annual charity golf day will be held at the beautiful Rushmore Golf Club on 29th April 2022. The day will comprise a fantastic 18-hole event together with lunch, course competitions (and prizes) and a great raffle. Participants get to choose whether to enter a team, sponsor a hole or both. For those that enter
Read More
news
Figures from the Office of the Public Guardian, the government body responsible for registering lasting powers of attorney, reveal that the number of applications dropped by 25 per cent over the last year. In 2020/21, just 691,746 were made, compared with 917,550 in 2019/20. A Lasting Power of Attorney (LPA) is a document by which
Read More