Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

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What are your rights?

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It is very rare that the court would refuse contact unless there is evidence of abuse or violence

If the direct approach or attending mediation is unsuccessful, family courts do recognise and will promote the invaluable role that grandparents have to play in their grandchildrens lives.

Although grandparents do not have an automatic right to contact with their grandchildren, the courts have come to recognise that grandparent's are an essential part of a child's life and it is very rare that the court would refuse a grandparent contact unless there is evidence of abuse or violence.

Can you apply to the courts for contact?

Only people with parental responsibility, for example parents, step-parents, guardian or a person with whom the child has lived for at least 3 years can make an application for a Contact Order. Grandparents can, however, apply for permission (leave) to apply for a Contact Order and the courts will consider the following:

  • The applicant’s connection with the child
  • The nature of the application for contact
  • Whether the application might be potentially harmful to the child’s well-being in any way

If you are successful, you can apply for a Contact Order through the court. If one, or both parents raise objections you are likely to have to attend a full hearing in which both parties can put forward their evidence. It is essential that you are receiving good legal advice at this stage because you will need to persuade the court that you have a meaningful and ongoing relationship with your grandchildren which significantly benefits their lives.

The court will always consider all the child’s circumstances and must only make an order where they consider it better for the child than making no order at all. For example, they might have to weigh up whether your continuing contact with the child might have a negative impact on the rest of the family relationships: again it is only in extreme circumstance that a court will refuse contact and at Hartnell Chanot & Partners Ltd we have successfully helped many Grandparents resolve disputes amicably.

For further information please call 01392 421777.

 

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