Do grandparents have rights?
In England and Wales grandparents do not have any automatic rights in respect of their grandchildren. While grandparents lack automatic rights, courts do recognise the important role grandparents play in a child’s life.
If a grandparent wants to see their grandchild, they must first apply to the family court for permission to seek a Child Arrangements Order.
When deciding whether to grant permission to make a Child Arrangements Order, a court will consider factors like the grandparent’s connection with the child, the grandparent’s reasons for seeking contact to the child, the wishes and feelings of the child, and the potential impact on the family. The court’s primary concern will always be the best interests of the child.
The court will also consider how capable the grandparents are of meeting the child’s needs.
I’m not being allowed to see my grandchild – what are my options?
If contact to a grandchild is being denied, you have the following options to help you maintain a relationship with your grandchild:
- Try to ascertain why contact is being denied, and reach an informal agreement with the parents of your grandchild.
- Invite the parent or parents to engage in a form of non-court dispute resolution to find a solution.
- As a last resort, you can apply to the court for permission to seek a Child Arrangements Order. To do this you must first attend a Mediation Information and Assessment Meeting (MIAM), unless exempt.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that specifies where a child will live, who the child will have contact with, and how long they will spend time with each parent. It can also set out other types of contact such as through phone calls, video calls, cards, and letters etc.
This order is used in cases where parents are unable to agree on arrangements for their child following a separation or divorce. This order replaces previous terms like ‘residence orders’ and ‘contact orders ‘.
How long does a Child Arrangements Order last?
A Child Arrangements Order usually lasts until a child reaches 16 years of age unless the order specifies otherwise. In exceptional circumstances, the order may be extended to last until the child is 18 years old. These may include a risk of harm, abuse, or a vulnerable child.
Any extension of a Child Arrangements Order beyond 16 must be in the best interest of the child.
Either parent can apply to vary a Child Arrangements order before it expires if the arrangements are no longer working or if there are significant changes relating to the child.
Does a Child Arrangements Order grant parental responsibility?
The primary purpose of a Child Arrangements Order is to regulate living arrangements and contact with the child, rather than to grant parental responsibility.
Accordingly, if a person is granted a Child Arrangements Order that specifies a child is to live with them, parental responsibility will also be granted only for the duration of the order. If the order is for the child to spend time with a person, rather than live with them, it does not grant parental responsibility.
If an order states that a child is to live with a parent who does not already have parental responsibility (for example a grandparent), that person will acquire it as a result of the order.
What does parental responsibility mean?
Parental responsibility is a legal concept that refers to the rights, duties, powers, and responsibilities that a parent has in relation to their child and their property. In simpler terms, parental responsibility means the big decisions that need to be made about a child’s upbringing and welfare, such as deciding on a child’s education, medical treatment, and religious upbringing. A parent with parental responsibility also has the right to make legal decisions on behalf of the child.
In day-to-day matters, a person with parental responsibility must also look after the child’s emotional well-being, and protect, maintain, and provide a home for the child.
Can grandparents obtain parental responsibility?
Grandparents can obtain parental responsibility in one of 3 ways:
- By either obtaining a Child Arrangements Order which will automatically grant them parental responsibility for a child whilst the order is in force.
- By the child’s parents consenting to parental responsibility in a Parental Responsibility Agreement.
- By applying to the court for a Parental Responsibility order.
Once Parental Responsibility is granted, they will be allowed to make important decisions regarding a child’s welfare, education, medical treatment, and other major matters.
Why would a grandparent apply for parental responsibility?
There are several reasons why a grandparent might want to apply for parental responsibility for their grandchild. These include:
- The grandchild is already living with and being cared for by the grandparent on an informal basis. For the grandparent to be able to make important decisions regarding the child’s education, medical treatment, and overall upbringing, they will need to legally formalise the arrangement.
- The child has been abandoned by one or both parents, and they are unable to care for the child.
- There are welfare concerns about the child while in the care of their parents. This could include cases of abuse, neglect, or domestic abuse between the parents.
- The child’s parents are unable to care for them due to death, serious illness, being in prison or addiction issues.
- The parents have agreed for the grandparent to play a more significant caregiving role.
- To provide a stable home environment.