Every family dynamic is different. The nuclear family unit — two parents and their children living together — does not always apply. When a marriage breaks down, and the divorced couple have children, it can lead to an array of family disputes, and sometimes grandparents are denied contact with their grandchildren.
This can cause distress for both grandparents and grandchildren. If you’re a grandparent who has been unable to see your grandchildren, you may be interested in ‘grandparents’ rights’. In some situations, you may even wish to become your grandchild’s legal guardian to provide the best care and home setting for them.
Whether you’re looking to apply for a Child Arrangement Order so you can spend time with your grandchildren or you want to apply for custody, it can be helpful to understand the process and the costs involved. With this in mind, let’s explore what grandparents’ rights are in the UK and the likely fees you may need to pay for legal support.
Do grandparents have legal rights to see their grandchildren?
Grandparents don’t have an automatic right to see their grandchildren. This means that a parent can prevent their own parents from spending time with grandchildren. Unlike a parent, grandparents can’t apply to the Family Court to ensure contact with their grandchildren.
So, what can you do if you want to spend time with your grandchildren and feel that the lack of contact is causing them distress?
There are a few options:
- Speaking with the parents
If you are worried that a divorce or separation may mean you won’t be able to see your grandchildren, the first step should always be to speak with the parents. Dealing with the situation amicably will result in less stress for all involved.
If an initial conversation doesn’t work, you may also ask a family law solicitor to write a letter to the parents to outline your concerns and highlight why you feel it’s important for you and your grandchild to have contact.
- Mediation
Before taking any legal action, mediation is the best next step. Mediation involves an outside party who will help you and the parents of your grandchild come to an agreement.
- Child Arrangement Order
If mediation isn’t an option or does not work, you can then look into legal action.
Although you may not have automatic contact rights, UK law will always put a child’s welfare first. As such, the Court may grant a Child Arrangement Order (CAO) — a legally binding document that outlines how a child may spend time with a non-resident family member, such as a grandparent.
You’ll need to get permission from the Court before applying, and they will look at factors such as:
- Your relationship with the child.
- How you want to maintain contact (for example, in person, over the phone, via video calls, etc.)
- Whether contact with you could cause any harm to the child.
If both parents agree, you will be able to have contact with your grandchild as outlined in the CAO. However, if either parent disagrees with the order, then you may have to go to a full court hearing.
Can grandparents apply for child custody?
In some situations, it is not safe for a parent or parents to have custody of their child. As a grandparent, you may feel that becoming your grandchild’s legal guardian is the best course of action for their wellbeing.
If so, you might choose to apply for custody or guardianship. Our team of family solicitors in North Wales can help you decide whether this is the best step for the child and answer any questions you may have. Please contact us for more information.
How much does it cost to get grandparents’ rights?
The cost of grandparents’ rights will vary depending on the actions you take, but you will need to consider the legal fees associated. It’s important to seek advice from experienced solicitors who understand the intricacies of family law and will always put the child’s well being first.
In terms of general costs:
- Mediation will involve a mediation information and assessment meeting (MIAM), which can cost up to £300, and mediation sessions can often cost £130 per hour.
- If you want to apply to the Court for a CAO or custody, you will likely need to budget around £6,000 to ensure you get high-quality legal advice. You’ll also need to pay a £215 court fee.
Grandparents’ rights support from Winrow Solicitors
While the above are ballpark figures, we take a flexible approach to pricing. Our aim is always to get the best outcome for children and families, so we can offer fixed fees for every piece of advice you need.
We can also offer a fixed price if you need us to attend court with you or invoice monthly bills to handle the whole case on your behalf.
We believe everyone has the right to fair legal representation. Supporting the local community is also incredibly important to the team at Winrow Solicitors, which is why we also offer legal aid to families in need across North Wales.
Learn more about our legal aid services, and please don’t hesitate to contact our compassionate solicitors for advice on grandparents’ rights and children’s law.
