Legal Advice for Grandparents.

The relationship between you and your grandchild is incredibly special so if you have been prevented from seeing them for any reason, the pain and upset caused can be utterly devastating.

Although as a grandparent you have no automatic legal right to contact with your grandchild, the courts recognise the importance of this key relationship and, unless there is a background of violence or abuse, they will be sympathetic to your situation. If the issue cannot be resolved through negotiation with the child’s parents, access can be granted by the court through a Child Arrangement Order.

A Child Arrangement Order is issued by the court detailing the living and contact arrangements for the child involved. They are usually required after a family breakdown, when the parents or those with parental responsibility, cannot agree where their child should live and how often they should see the non-resident parent or other family members.

Most cases are resolved through discussion and mediation without the need for court proceedings but, in the event a solution cannot be agreed upon, the court will make the final decision, which is legally binding until the child is 16.

As a grandparent, before you can apply for a court order to see your grandchild, you will first need permission from the court, which is normally given. Once permission is granted you  will then proceed with your application for an  order with the aim of securing visitation rights.

The court will weigh up all the evidence presented and will make a Child Arrangement Order, if they consider that is in the best interest of the child involved.

If you wish to secure residency for your grandchild so that they can live with you, the process is largely the same as if you were seeking contact, and you will need to obtain a Child Arrangement Order.

Although grandparents are not automatically entitled to apply for a Child Arrangement Order and will need permission from the court to do so, if you are applying for residency, the following exceptions apply:

• If the child has lived with you for at least three years. This doesn’t have to have been continuous but must not have begun more than five years before or ended more than three months prior to submitting the application.
• If the child has lived with you continuously for a year prior to the application.
• If you have the permission of those named in an existing Child Arrangement Order in relation to the child.
• If the child is in state care and you have permission from the local authority.

If the parents of your grandchild are unable to look after them property or if care proceedings have been issued, you can potentially be appointed as a Special Guardian for your grandchild through a Special Guardianship Order issued by the court.

As a Special Guardian you will be granted parental responsibility for your grandchild until they are 16.

In order to be granted Special Guardianship you will need to take the following steps:

• Contact your local authority and inform the Children’s Services department of your intent to apply for a Special Guardianship Order.
• Undertake an assessment to demonstrate your suitability to be the legal guardian of your grandchild.
• Attend a mediation, information and assessment meeting (MIAM) to explore all options for a resolution before you can apply for a court order.
• Make your application.

We can support you throughout all these stages and are able to help you prepare the documentation and information required for your application.

We are completely transparent and upfront about our prices and offer a number of different payment options to suit all budgets so don’t hesitate contact us for more detailed information.