Grandparents rights: How does it work in the UK?

As the law in the UK currently stands, grandparents have no automatic rights over their grandchildren. It may, however, be possible for grandparents to acquire those rights. Here is a quick guide to what you need to know.

Obtaining guardianship of grandchildren after the death of their parents

By far the easiest way for grandparents to obtain guardianship of their grandchildren after the death of the children’s parents is for the parents to assign it to them in their will.

For completeness, this does not guarantee that a grandparent will be granted guardianship of their grandchildren. In general, however, the parents’ wishes will be respected unless there is a compelling reason to disregard them.

If the children's parents do not name the grandparents as guardians in their will, then grandparents can request to be appointed Special Guardians for their grandchildren. This process will usually have to be overseen by the local authority.

Organising access to children while their parents are alive

The best way for grandparents to get access to children while their parents are alive is with their parents' agreement. Sometimes, however, this can become challenging. If it does, grandparents can and should act quickly to resolve the matter.

In the first instance, an informal approach is usually best. If, however, this does not work, then grandparents can progress to more formal action.

Try to resolve the issue with the children’s parents

Ideally, you’ll speak to the children’s parents directly. If that’s not possible, then try to find someone to take on the role of facilitator/mediator. At this stage, it’s generally preferable if it’s someone the parents know and trust. If, however, that’s not an option, then you could have a lawyer make a representation for you.

Keep in mind that lawyers do not just represent their clients in court. In fact, that’s generally a fairly small percentage of what lawyers do. A lawyer can make a civil, tactful approach to the parents to encourage them to work with you to find a resolution.

Using formal mediation

If you are unable to resolve the situation informally, then you will need to apply for formal mediation. If a mediator believes that your case is unsuitable for mediation, they will provide you with a signed certificate to that effect. You can then present this to a court if you apply for permission to request a Child Arrangements Order.

This situation, however, is likely to be the exception rather than the rule. In general, the mediator will accept the dispute and will invite the parents to mediation. At this point, the ball is in the parents’ court. A mediator cannot force them to attend the session. Likewise, if the parents do attend, the mediator cannot force them to agree to any outcome you would like.

If the parents do not agree to mediation, or it is unsuccessful, the mediator will give you a certificate to that effect. Again, you will need to present this to a court if you apply for permission to request a Child Arrangements Order.

Deciding whether or not to go to court

If mediation fails, then your final recourse is court action. This is not a decision to be taken lightly. The key point to understand is that a court is not going to ask itself whether or not it’s in your best interests to see your grandchildren. It’s going to ask itself whether it’s in your grandchildren’s best interests to see you.

For practical purposes, this means you need to be able to demonstrate a strong, healthy and ongoing relationship with them. The stronger the bond you can show, the likelier it is that a court will rule in your favour.

The reverse, however, is also true. For example, if you’ve never had meaningful contact with your grandchildren, due to being estranged from their parents, then it’s highly unlikely you’ll convince a court to grant you access to them.

Can you enforce a judgement?

Even if you’re convinced you can persuade a court to grant you access, you have to think about the practicalities of enforcing that judgement. If the parents openly defy the court order, then you can apply to the court for enforcement action. That could, however, backfire on you if it ends up souring your relationship with your grandchildren.

If, on the other hand, parents subtly non-comply with the court order, then there may be nothing you can realistically do about it. For example, if the parents choose to move away, the court order will still stand. You will, however, be faced with extra time and expense if you wish to enforce it.

Going to court

If you’re satisfied that you have a case and that you can enforce any judgement, your final step is to go to court. More accurately, your first step is to apply to a court for permission to apply for a Child Arrangement Order.

Essentially, your application sets out what you want and why you think you should get it. The court will use this to make an initial assessment of its merits. In short, if a court believes that your application has no reasonable chance of success, it will simply decline it. You should be aware that the court will consider the wishes of the children's parents.

If the application is granted, then the next step is a court hearing. There are two key points to keep in mind here. Firstly, it may take a long time before you get a court date. Secondly, getting a court date does not mean that you will get a judgement in your favour.

In simple terms, a court will consider what is in your grandchildren’s best interests. If the decision is not clear-cut, then the final judgement may be influenced by their parents’ views. For example, if you had a relationship with your grandchildren but they have moved on from it, then a court may decline your request.

If, however, the court accepts your request, you will be given an order that requires you to be granted access to your grandchildren. This will usually be in the form of a “Time Spent With” Child Arrangements Order.

Author Bio

Lovedays Solicitors, based in Matlock are specialists in personal and business legal services. Their team of solicitors can provide support and guidance through a range of family law matters including divorce, finances, domestic abuse and more.