With Grandparents’ Day approaching this Sunday, October 6th, it’s an important time to acknowledge the vital role grandparents play in their grandchildren’s lives.

Many grandparents build strong, meaningful relationships with their grandchildren, so it can be heartbreaking to face separation due to circumstances beyond their control.

In the event of family breakdowns, grandparents may be denied access to their grandchildren. Navigating the legal landscape surrounding this issue can be complex without proper legal advice.

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. However, the law recognises the importance of maintaining a child’s relationship with their grandparents, and there are ways to seek contact.

The first step is often to secure contact through an informal agreement with the child’s parents.

This can be facilitated by a mediator – a professional who works with both parties to reach a resolution that is faster and more civil than going through the courts. Family mediators listen to both sides and aim to find a solution that benefits everyone involved.

If an agreement cannot be reached, grandparents can first of all apply for permission to the family court to pursue an application under the ‘Children Act (1989)’ for a ‘Child Arrangements Order’. This application sets a hearing where the court reviews the relationship between the child and the grandparents.

The court’s primary focus is the child’s welfare. In making a decision, the court considers factors such as the child’s physical, emotional, and educational needs, as well as their age, background, and wishes.

Having a family law solicitor present in court can help grandparents navigate the legal complexities, allowing them to focus on their emotional well-being. A solicitor will skilfully present their case, challenge any opposing evidence, and advocate for the grandparents’ rights.

At Berkson Family Law, we understand how lengthy, complex, and emotionally draining these hearings can be. Our team is committed to moving forward with empathy, compassion, and expertise to support families through these challenging times.

If you’d like to speak to one of our family law solicitors for more information, please get in touch via our webform, call us on 0151 236 1234, request a call back at your convenience, or email us, and one of our family solicitors will contact you.