UNDERSTANDING GRANDPARENTS RIGHTS

What are grandparents rights to contact with their grandchildren?

Following a divorce or separation, it is often the Grandparents who also suffer by being denied access to see their grandchild. Here at Maclaren Warner we understand that this can be a traumatic and stressful situation and we have a great deal of experience in dealing with this type of situation.

Our specialist family solicitors can act on your behalf to try and reinstate regular contact with your grandchild. Whether this be through negotiation or if necessary by resorting to action through the Courts.

If you are currently being denied contact with your grandchild, contact us to speak to one of our specialist Family solicitors.

Legally a grandparent does not have an automatic entitlement to see a grandchild, however, the Courts generally recognise that it is in the best interests of the grandchild to have contact with both sets of grandparents. In all cases of family law involving children, the Courts will always judge the interests of the child to be of the highest importance.

Will we have to go to Court to get contact with our grandchildren?

Not always. The first step is to try and obtain contact informally by negotiation with the parent who has custody of the child. If this is not possible then it may be suitable to attend Family Mediation, although both parties have to be willing to attend mediation for it to be a viable option.

If neither of these options is suitable then it is possible for Grandparent to apply to the Courts to seek contact with the child. An experienced family solicitor will help you to put forward a case as to why you should be given access to the child. This involves showing that you have a meaningful and ongoing relationship with the child that significantly benefits their lives.

If you are successful in persuading the Courts of this then you may be given a Contact Order. A Contact Order is an order made by the Court which will outline exactly when you are legally entitled to contact with the child. It will state how and when the contact will take place, for example weekly or fortnightly, and for how long the contact will last.

A Court Order will ensure that you receive regular contact with your grandchild which is not at the whim of the child’s parents.

Contact us for more information.

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