What Are Grandparents Rights?
Family mediators are frequently asked about what grandparents’ rights are when they get denied any form of access to their grandchildren. It is a sad truth that grandparents do not have the automatic right of contacting their grandchildren.
But, family courts recognize this critical role that grandparents play in their grandchildren lives.
So it is a very rare that any court would make any order pertaining to refusal of grandparent access to grandchildren, unless it finds any sort of evidence relating to violence or abuse.
Can Grandparents Apply To The Courts For Access to Grandchildren?
For making an application for a Contact Order, you should be a person with parental responsibility, for instance, parents, step-parents or guardians. Unfortunately, grandparent’s rights have limitations. However, they may apply for permission for application for a Contact Order.
The courts consider the following factors while assessing the application of any grandparent:
The connection of the applicant with the child.
The specifics of the application for contact.
Is the application potentially harmful to the child’s well-being in any manner?
In case grandparents are successful, they may apply for a Contact Order via the court for gaining access to the grandchildren. In case of an objection raised by one or both the parents, grandparents are likely to attend a full hearing where both the parties may put forward their own case.
It is necessary that the grandparents receive a good legal advice at such a stage as they will be required to persuade the court about having a meaningful and on-going relationship with the grandchildren that significantly benefits their lives .
In every case, the court considers all the child’s circumstances. They only make an order while considering it better for the child rather than making no order at all.
For instance, they might weigh up whether the grandparents’ continuous contact with the child will create a negative effect on the rest of family relationships.
Also, only in extreme circumstance a court makes any order refusing access to grandchildren.
There are family mediation service providers who successfully help many grandparents in resolving disputes effectively and gaining access to their grandchildren