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Grandparents Rights after Divorce! Do they have any and if so what are they?

Sadly, the law does not automatically grant access to grandchildren after parents divorce and some grandparents are denied access altogether. So what can you do if you feel this applies to you?

Our Matrimonial team take a look at some of the steps you can take if you are faced with this situation.

Grandparents Rights after Divorce! Do they have any and if so what are they?

1. There are some preliminary steps that you can take to try and regain contact with your grandchildren, such as aiming to compromise with the parents by speaking with them and finding some middle ground. You could come to an agreement whereby you see them monthly or fortnightly, or even via video call, failing that perhaps the parents would agree to you writing to the grandchildren.


2. If there is no compromise reached, the next step would be to involve a third party such as a mediator. The mediator will be experienced in matters such as this and would work with the grandparents and parents to reach an amicable solution.


3. If neither of the above step’s work, grandparents can apply for permission to apply for a Child Arrangements Order to seek contact with the grandchildren. If you are successful, you can apply for a Child Arrangements Order through the Court. However, if one or both parents object to you having contact with the grandchildren you are likely to have to attend a Court Hearing whereby both parties can put forward their evidence.


It is important to note that the Court has the right to refuse permission, if for example, contact with the grandparents would be harmful in any way to the child or if continued contact with the grandparents impacts negatively on the rest of the family. The Court will only make an Order if it is in the best interests of the children.

At this stage, if you are a grandparent wanting to understand what rights you have over your grandchildren it is essential that you seek expert Legal advice as you will need to persuade the Court that your relationship with the grandchildren significantly benefits their lives.

If you require help with contact to your grandchildren, please call us on 01754 897150 to speak with a member of the Family Law Department.