Do grandparents have a right to see their grandchildren?

Our family law experts take a look at grandparent’s rights

With childcare costs often being as much, if not more, than rent or mortgage payments it is not surprising that parents regularly seek the assistance of grandparents with childcare.

The benefits are two fold; it provides children with a wonderful opportunity to spend time with their grandparents and assists the parents financially.

What would happen if there was a breakdown in the parental relationship? What rights would a grandparent have if the time they spend with their grandchildren is limited or stopped altogether?

As the law currently stands a grandparent does not have an automatic right to make an application to spend time with a child. It is important to remember that it will be in the children’s best interests for arrangements to be agreed between the important adults in their life. If matters cannot be agreed mediation is a useful tool to assist the parties to find a solution and should always be explored.

If matters cannot be agreed the Court’s intervention may be necessary. This would require an application to the Court for permission to make an application to spend time with the children.

Whether permission is granted or not will depend on the circumstances of the case. The Court will generally recognise the invaluable role that grandparents play in their grandchildren’s lives. If it can be shown that the children have enjoyed a good relationship with their grandparents and there are no risk factors, the Court will grant permission for the application to be made.

Once permission has been granted the Court will look in detail at what the arrangements for the children should be moving forward.

The difficulty here is that when parents have separated the Court will generally prioritise a child’s time with a parent. This will mean that grandparents who have previously enjoyed extensive time with their grandchildren, by virtue of the child care they have provided, may find themselves in the position where they suffer a significant loss in relation to the time they are able to spend with them.

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