Grandparents rights

GRANDPARENTS' rights to see their grandchildren after a divorce could be protected by law after MPs called for their claims to be enshrined in the Children Act.



But what rights do grandparents currently have and can they see their grandchildren? Here's what you need to know.

Grandparents love to see their grandchildren

What are the rights of a grandparent in the UK?

Under current UK legislature, grandparents do not have any rights regarding their grandchildren.The current rules mean relatives have to apply to a court to gain access rights to a child and then have a child arrangement order put in place.According to the Family Law Company, courts do recognise the role that grandparents play in a child's life.If a grandparent makes an application to see their grandchildren under a Court Order, at the hearing, the Court will look at the relationship between the grandparent and their grandchildren, the frequency of contact, and the significance of involvement in their lives.It is rare that a court would refuse access unless there is evidence of abuse or violence.

Do grandparents have any rights to see their grandchildren if a relationship breaks down?

If a grandparent has been denied access to see their grandchild, they do not have an automatic right to visitation or contact.As above, grandparents can make an application to the court to see their grandchild or - in the event of a relationship breaking down - they can endeavour to maintain a good relationship with their child's ex-partner.The Family Law Company says: "Despite the fact that your child is hurting and upset from the separation, it is very important that you do not allow yourselves to become involved in their dispute with their ex-partner. "We advise that you try to remain as neutral as possible and be supportive of both parties ‒ for the benefit of the children."Try to arrange with the ex-partner to see the grandchildren on your own, making it ‘grandparent time’."It is important that you maintain contact with your grandchildren without being seen to be taking sides... Regardless of what you may think of your child’s ex-partner, they will always be a parent to your grandchildren and you should respect this." If you are being reused access you can apply to the court using the same steps s a parent would making a child arrangements order.

Could the law change?

MPs have called on the government to enshrine the right to grandparents on the Gov website to see their grandchildren after a divorce in law.

They want an amendment to the Children Act, which would include a child's right to have a close relationship with members of their extended family.

The change would also cover aunts and uncles seeing nieces and nephews.

The Ministry of Justice said it would consider the proposal.

According to some sources, there are some grandparents who had been accused of harassment and were visited by police after sending birthday cards and Christmas gifts to their grandchildren.

Divorce and family breakdown can take an emotional toll on all involved, but the family dynamic that is all too often overlooked is that between grandparents and their grandchildren.