"Can I see my grandchildren?"

We are very often approached by Grandparents, or other members of a child’s extended family, who want to spend time with the child and, in some cases, have the child live with them permanently. 

The extended family play an important role in the lives of children, often being the go-to childcare provider and chief babysitter.

But what if it all goes wrong? Perhaps the parents separate or you and the parents “fall out”. The affect maybe that you no longer see the child.

We would urge you to try and start up discussions with the parents, is there another family member who would be a go-between. Look at formal mediation. Courts should be the last resort, but sometimes the only way forward.

The current law surrounding extended family legal rights in relation to seeing a child is, that there are no automatic rights or entitlement. There is no legal presumption that extended family should be able to see the child.

Extended family, usually, first need to make an application to the court, for the courts permission to make such a full application.

The Court, in considering whether to allow permission for an extended family member to proceed with an application, will need to consider:-

1. The family members connection with the child;

2. The nature of the application; and

3. Whether there is a risk that the application could disrupt the child’s life to the extent it causes them harm

If extended family are successful in obtaining permission from the Court, the Court will then look to deal with the main application to spend time with the child, or for the child to live with them. The Court in making any decision relating to children, always consider the Welfare Checklist, as their paramount consideration.

The Welfare Checklist

The welfare of the child is the courts paramount concern. So what does the court consider:-

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding);

(b)his physical, emotional and educational needs of the child;

(c)the likely effect on the child of any change in his/her circumstances;

(d)the  age, sex, background and any characteristics of the child which the court considers relevant;

(e)any harm which the child has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant (extended family), is of meeting the child’s needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

Each case turns on its own facts. We would be happy to discuss this with you, in more depth

If you are looking for help and guidance on how to resume contact, gain an understanding of the process involved or try to open the lines of communication between yourself and the parents of your grandchildren in order to secure the relationships you've worked hard to build with your grandchild(ren), then please do not hesitate to contact Lawson-West Solicitors' Family Team.

Our family department specialises in helping families to re-forge meaningful relationships and assist in working out solutions to these increasingly common-place scenarios.

Contact Us 0116 212 1000

View all