The role of the grandparent can often become more defined especially when parental disputes impact the child’s well-being.
In the UK, Section 8 of the Children Act 1989 addresses the rights of grandparents in various family law matters. It acknowledges the importance of maintaining relationships between children and their extended family members, including grandparents. It provides a legal avenue for grandparents to seek the Court’s intervention to make a Child Arrangements Order to spend time with them or even to live with them in some more limited circumstances.
When it comes to families, at Emerald Law we understand the delicate balance that needs to be struck. This is especially true for grandparents who are often trying to maintain relationships with their own children and sons or daughters in law, as well as finding the best arrangements for the child or children central to the issues.
We will carefully explore all of the Non-Court Dispute Resolution options fully to try and look at the family evolution process as a whole, in context with the specific set of circumstances that are individual to you.
If we can’t find another way, grandparents can make an application to the Court, but they have to make an initial request to the Court for permission (called ‘leave’) first, in most cases, unless a child has already been living with them for 3 years or more, they already have a Child Arrangements Order or they have consent from everyone with parental responsibility for the child or children. Even if leave of the court is granted, there is no presumption that the court will grant the substantive application. Whether or not an application is successful depends largely on a number of particular factors, including the nature of the relationship between the grandparent and the child, the nature of the proposed application, and any risk there might be of the proposed application disrupting the child’s life to such an extent that they would be harmed by it. The overarching principle ensures that the child’s best interests remain at the centre of any decision. It is therefore important that grandparents seek full legal advice from a family law professional to navigate the complexities of the legal process effectively.
It is always important to remember that the child is the central focus for the court with the child’s welfare remaining the Courts paramount consideration.
If you require assistance with regards to this, please feel free to contact us to instruct us or to arrange an initial no obligation meeting with one of our experienced family solicitors. Please complete this short form and a member of the team will be in touch with you shortly.
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