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Can I see my Grandchild?

We are often asked whether grandparents have an automatic right to see their grandchildren. Unfortunately, they do not. However, Courts do recognise the importance of a grandparent’s role in a child’s life and it is rare for a Court to refuse a grandparent access to their grandchildren.

Grandparents can lose contact with their grandchildren for a number of reasons. Most often it is due to either a divorce or breakdown of a relationship between the child’s parents. It is important that a child maintains their relationship with family members during these difficult times.

Grandparents are only able to make an Application with permission of the Court.

Before granting permission, the court will consider the following:-

  • The grandparent’s connection with the child;
  • The nature of application; and
  • Whether the application may be harmful to the child’s wellbeing in any way.

If the Court grants you permission, you are then able to make an Application for contact.

The parents of the child are able to raise objections to your application and if they do, it is likely to go to a full hearing to hear evidence from both sides. The Court will need to decide based on the evidence before them whether to allow a grandparent access on the basis that the grandparent has a meaningful and on-going relationship which significantly benefits their lives.

If you wish to discuss this further, please contact Lynn Gooch on 01992 578642 for more information.

http://www.foskettmarr.co.uk/index.php/our-team/litigation-solicitor-essex/