Many times family solicitors are asked about
what are grandparents rights? This happens when a family goes through disputes and partners decide to get separated. In such a scenario, grandparents get separated from their grandchildren when kids end up going with their mother. Plus, 9 in 10 cases, kids go to their mother. The struggle is quite hard to seek guardianship; however, with the correct legal procedure, one can get the grandparents rights.
What Legal Rights do Grandparents have to see their Grandchildren?
Unfortunately, grandparents dont possess an automatic right to see their grandchildren when partners get separated. Some grandparents try out to reach the parents at first for a smooth agreement, and if it doesnt work, they find their way to the court. Here the parent can apply for a Contact Order to the court. When the order is granted, this enforces parents (especially the mother) with whom the children reside to have contact with their grandparents. But make sure, only the legal parent, such as a birth-given parent, stepparent, or legal guardian, has the right to make an application for a Contact Order.
Even the grandparents can apply to the Court for a Contact Order. The following things are considered when a contact order is filed:
1. Learn about the grandparent(s) relationship to the child
2. Grandparents natural connection to the child
3. The nature of the application
4. Children interest is also noted
Family law solicitors in the UK are helping grandparents to fill the strong application as its difficult to do alone. There can be many complications when following the process, which requires professional assistance. Once the application is successful in terms of the above factors, then grandparents go through a full hearing. During the hearing, both sides get a chance to raise their concerns & objections.
The court can ask grandparents to provide evidence that they have a relationship with the child, which is generally presented by an experienced family lawyer. In addition, other considerations such as a child's circumstances are seen and how they are benefited with grandparents' connection. Such kind of essential information is used to allow the Court to make a better decision.
Can Parents Stop Their Children from Meeting their Grandparents?
Yes, this can be a great threat to grandparents as parents have the right to refuse access. Generally, it happens on rare occasions, depending on family disputes. Moreover, grandparents do have no automatic right unless they fall under the category of legal guardian. These barriers can only be resolved with the help of family solicitors, as they will analyse your situation better. Plus, they know how to meet legal obligations in sensitive situations.
Last Views
Its hard for grandparents and grandchildren to experience separation when their bond is pure & robust. So, one needs to file the application to attain rights. The court always considers what is best for the child. However, its always recommended to seek expert help as legal procedures take time and are highly complicated.