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How can a grandparent get access to their grandchildren if their son/daughter have divorced?

April 12 2018

In England and Wales, unfortunately grandparents do not have the automatic right to see their grandchild. Only the parent or guardian have automatic parental rights with the current law. Where necessary to do so, primarily an informal agreement should be made between the grandparents of the child and the parents. Should the parties be unable to reach an agreement, there are steps the grandparent can take to gain access to their grandchild.

Orders regarding child arrangements were restructured in the 2014 Children and Families act; this covers where a child lives in addition to the type of contact they keep with any person. Ultimately, every decision considers the welfare of the child as a priority. 
Primarily, a grandparent will have to seek leave of the court. This does not guarantee access however. If access is granted, a C2 application can then be filled in and sent to seek access to the child. Leave must be granted by the court to ‘act as a filter to sift out applications that are clearly not in the child’s best interests’. 
Seeking a court order can be costly and stressful for the grandparent; Where necessary, legal representation can be sought through Grahame Stowe-Bateson. We have an extensive history in offering legal advice or court representation for family issues throughout the Leeds and Harrogate area. If you would like to speak to a qualified solicitor regarding a query related to family law, or any other area that we cover, please visit our contact page to find your local solicitor or call 0113 2468163. 

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