Grandparents Rights To See Grandchildren

One of the greatest joys for grandparents is to see and play with their grand children.

However, they may be denied access to the kids for one reason or the other, such as when their son or daughter gets divorced with his or her spouse and lost the custody battle.

This article lists down the rights grandparents have when it comes to visitation rights of their grand children.

There are a range of factors that have to taken into consideration.

What are grandparents rights in relation tobeing able to see their grandchildren? Unfortunately, grandparents do not have automatic rights to have contact with their children.


However, the good news is that the courts have come to recognize that maintaining contact with the grandparents can be beneficial and even essential for the lives of their children.

This becomes more amenable to granting contact between them and the children.

In short, while you as a grandparent may not have automatic grandparents rights to have contact with your grand kids, you can still be able to get in touch with them by taking certain steps.

If you’re worried that you will not be able to see your grandchildren, the first thing you will need to do is to address their mother and or their father about the possibility of keeping in touch with your grandchildren.

Considerations For A Grandparents Rights

grandparents custody rights

Sometimes, it can be just a matter of oversight, with parents not realizing that there are no automatic grandparents child custody rights to speak of that will grant them the opportunity to see their grandchildren whenever they want to.

By communicating with them, you may be able to get the permission that you need in order to see your grandchildren.

However, there are situations when the parents themselves have explicitly forbidden their children to get in contact with their grandparents, for one reason or the another.

If this is what happened to you, you may need to bring the case to court.

Grandparents do not have an automatic right to apply for a contact order from the courts unlike parents, and as such, they will need to to make an application.

In doing so, the court will take into consideration three factors:

 

  • The connection of the child with the applicant.
  • The nature of the application for contact.
  • Whether the application may potentially harm the child’s well-being.

Once your application has been granted,  contact will then be considered. This may involve the Children and Family Court Advisory and Support Service (CAFCASS), with one of their officers looking into your situation to check if there are issues that can affect your application.

Once the officer has evaluated your situation, he or she will then prepare a report and present it to court to help it reach a decision.

Do note that this application can still not turn out in your favour, especially if the parents of your grandchildren persist in not allowing you to get in contact with them.

In this instance, the courts may then hold a full hearing in order to understand both parties involved in the situation. The court will then make a decision based on what it deems to be in the child’s best interests.

Legal procedures involving family mediation or child custody.

Make sure to take the time to find a good family lawyer to represent you especially if you’re concerned about your rights as well as other matters.