Guide to Grandparent Rights in the United Kingdom.

GRANDPARENT ACCESS RIGHTS IN THE UK 2020

When their children split or their relationship breaks down and their grandkids are involved, grandparents might be ostracised and left out of the family. When this happens, few grandparents are prepared. See our definitive guide to grandparent rights for answers to all your queries about keeping in touch with your grandchildren.

You want to avoid being separated from your grandkids at all costs. Do I have any rights as a grandmother to see my grandchildren? Simply said, if the court agrees. The law is more concerned with the children’s right to a loving and meaningful connection with their grandparents.

Even if the parents can’t agree on kid arrangements, the grandparents can and should make their own with both sides of the family.

WHAT RIGHTS DO I HAVE AS A GRANDPARENT?

You are not entitled to visit your grandkids automatically. However, if you are unable to reach an agreement with the parents, you have the right to petition the family court for approval. If they give you permission, which is highly unlikely to be fairly denied, you may file a court application under the Grandparent Access UKChildren Act (1989). After you file your initial application, the court will schedule a hearing and ask all parties with parental responsibility to appear. The court will evaluate your current relationship with the children as well as their relationship with you. They will decide how and when to continue the children’s contact with their grandparents based on this information.

If you have not communicated with your grandkids or have visited them seldom, the court is less likely to issue an emergency order. A stepping stone system may be devised to facilitate your integration into their life.

If you have a deep bond with your grandkids and can document it, the court is more likely to issue an order. When you apply, you must describe your participation in your grandchildren’s lives up until you lost contact.

WHAT SHOULD I DO TO CONTINUE CONTACTING MY GRANDCHILDREN?

The first step is to keep in touch with your grandchildren. Keep in touch with both parents and express your support. Your role is to help both of them throughout this trying moment. If having this talk in person is tough, consider writing it down.
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WHAT CAN I DO RIGHT NOW TO MAINTAIN CONTACT?

You can now keep indirect contact. If you attempted to keep in touch but couldn't, tell your parents what you want to do. Keeping in touch indirectly depends on your grandchildren's age. You can simply text and video call them if they're old enough to utilise phones or computers.
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WHAT CAN I DO IF MY SON ISN’T ON MY GRANDCHILD’S BIRTH CERTIFICATE?

If this is the case, you should obtain legal assistance to understand your choices. His name must be on the birth certificate for him to have parental responsibility. Your son can ask the court for parental responsibility at any time, and it won't be rejected unless he poses a safety danger to the kid.
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HOW DO I APPLY TO COURT FOR CONTACT AS A GRANDPARENT?

Going to family court is usually the last resort since it is costly and emotionally taxing. For a court hearing, you might easily spend £2,000-£5,000 on lawyers. Not to mention hearings will cost money.
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DO I HAVE AN AUTOMATIC RIGHT TO APPLY AS A GRANDPARENT?

No, you don't get your grandkids automatically. However, family courts recognise the value of grandparents in children's lives. In the event of abuse, assault, or neglect, the court will grant you authorization.
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WHAT IF PARENTS DON’T ACKNOWLEDGE THE COURT ORDER?

It happens and it is really aggravating. If the parents disregard the court order, you can return to court and explain their actions. So, if the parents don't obey the court order, they might be fined.
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CASE STUDY – GRANDPARENT RIGHTS THROUGH MEDIATION

David and Flora adored their three grandkids, ages 12, 8 and 5. When their son and stepdaughter, Susan, split, they helped their son with his legal bills. Susan was enraged with David and Flora because they had paid for the divorce lawyer and thought this contributed to the divorce. They hadn’t seen their grandkids in 7 months, the longest time.

But since the divorce, David and Flora had not communicated with Susan and had refused all attempts to communicate. Their son had issues with the parental arrangements. It was a mess. 

David and Flora met up with Yogaskolen for an MIAM. Susan was invited to mediation by the mediator. Susan agreed to avoid a court appearance, but she refused to let the kids meet their grandparents unsupervised for fear they might say unpleasant things about her to the kids, endangering their wellbeing.

The mediator then invited them all in for a face-to-face meeting. They were able to convey their concerns and wishes for the future with the support of the mediator and our progressive mediation process. They swiftly decided on a plan to re-introduce David and Flora to the grandkids. Within a month of their MIAM, David and Flora were assisting Susan, themselves, and the grandkids with childcare, and the family began to mend ties.

CONCLUSION

It’s awful that many grandparents in England and Wales have to deal with being separated from their grandkids due to divorce or parental disagreements.

Many of them go directly to a family lawyer, but a family mediator should be their first stop if they can’t resolve it themselves. UK grandparent access privileges keep you in touch with your kids. Though these rights are not automatic, you can seek help from a family mediator.

If that fails, go to family court. Even if it takes longer, if you can show your connection with your grandkids is helpful to them, you will likely be granted permission to keep your loving relationship with them. Find a local mediator http://www.directoryofmediators.com/

Your financial, property, or parental disputes can be resolved pleasantly, cost-effectively, and equitably by our firm.