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Grandparent Rights

Rohan Hunter • September 20, 2023

Navigating the Path to Family Connection


Grandparents play a vital role in the lives of their grandchildren, offering love, wisdom, and a sense of heritage. However, there are situations where grandparents may find their access to their grandchildren restricted or denied. In this blog, we'll explore the legal rights and challenges faced by grandparents seeking contact or residence of their grandchildren.


Understanding Grandparent Rights:

Grandparent rights refer to the legal rights and protections afforded to grandparents concerning contact, residence, or guardianship of their grandchildren. These rights vary from one jurisdiction to another, but they generally aim to uphold the best interests of the child while considering the importance of maintaining a connection with extended family.


Topics Explored in Grandparent Rights:


1. The Importance of Grandparents:

  • Grandparents can provide a valuable in the lives of their grandchildren reinforcing the emotional bonds that are often formed.

2. When Do Grandparents Seek Rights?

  • When separation or divorce occurs grandparents and children’s relationships with wider family members are often the victims.
  • A grandparent may need to seek an order when a child enters the care system when the parent cannot care for the child.
  • A grandparent has the right to see contact with a child on their own terms, this is recognised and respected by the courts though practically orders gained may be difficult to enforce.

3. Legal Framework:

  • The legal framework for grandparent rights is largely the same as those for a non-resident parent, by an application the family courts they can gain a contact order.
  • If the child is in local authority care an order may not be necessary.

4. Challenges Faced by Grandparents:

  • Like any contact application the legal hurdles and challenges that grandparents may encounter when seeking contact, residence, or guardianship can be enormous and expensive. Like non-resident parents there maybe issues around parental alienation they need to contend with or that the contact may be frustrated by the resident parent who may not be sympathetic. This could include, not producing the children for contact sessions, claims that the children are unwell or simply moving home and not informing people where they are living.
  • Enforcement of an order is difficult, courts may do so after repeated and proven actions.

5. Residence and Guardianship:

  • Grandparents seeking residence or guardianship of their grandchildren is an option and one that would need to be assessed fully by the local authority prior to an order being made.

7. The Best Interests of the Child:

  • Courts function by prioritising the best interests of the child when making decisions about grandparent rights and the factors that influence these decisions.

8. Support for Grandparents:

There are a great deal of supportive groups both online and locally to support grandparents facing these issues, the best place to look is online initially to connect to such groups, there you will have access to others experiences and solutions to many of the issues and difficulties you too may be facing.


Preserving Grandparent-Grandchild Relationships:



Grandparent rights are about preserving valuable family connections. This blog aims to provide insights and guidance to grandparents facing legal challenges or seeking to protect their relationships with their grandchildren. By understanding the legal framework, advocating for the best interests of the child, and fostering collaboration, we can help ensure that grandparents continue to play a vital and loving role in the lives of their grandchildren.


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