Grandparents’ rights and child arrangements, solicitors in Shropshire

Grandparents’ rights and child arrangements in Shropshire

Grandparents often play a vital role in the lives of their grandchildren, offering support, care, and emotional stability. However, when family relationships become strained or separated, parents may disagree about contact arrangements, grandparents may find themselves uncertain about their legal rights.

At Wace Morgan, our experienced family law solicitors in Shropshire provide clear, practical advice on grandparents’ rights concerning child arrangements. We help you understand how the law protects your relationship with your grandchildren and guide you through the process of seeking or responding to applications.

Legal framework for grandparents’ rights

The Children Act 1989 is the key legislation governing child arrangements in England and Wales. It prioritises the welfare of the child above all else and recognises the importance of maintaining relationships with significant family members, including grandparents.

Although grandparents do not have automatic rights to see their grandchildren, the can seek permission to apply to the Court for a Child Arrangements Order to establish or regulate contact. This can include direct contact, such as visits, or indirect contact, such as letters, phone calls, or video calls.

The Court’s paramount consideration in all cases is the best interests of the child. This includes the child’s emotional well-being, stability, and the importance of maintaining family relationships where appropriate.

When grandparents may seek contact

Grandparents may wish to apply for contact for a variety of reasons, including:

• The breakdown of the parents’ relationship, leading to restricted or no time spent with the grandparents
• The death of one or both parents, creating a need for ongoing family support
• The desire to maintain an established, meaningful relationship with the child
• Concerns about the child’s welfare and the ability of parents to facilitate time with the child

It is important to seek legal advice before applying to the Court, as the process can be complex and emotional.

The Child Arrangements Order process

Unlike parents or those with parental responsibility, grandparents must first apply to the Court for permission (known as “leave”) before they can make a formal application for a Child Arrangements Order. Read more about Child Arrangements Orders here

This initial step is required to ensure that only those with a genuine connection to the child and applications with a reasonable prospect of success are brought before the Court. The process is designed to protect children and families from unnecessary litigation, whilst allowing grandparents the opportunity to apply in appropriate circumstances.

When deciding whether to grant permission, the Court considers:

• The nature of the grandparent’s existing relationship with the child
• The reason for the application and the motivation behind it
• Whether the application might disrupt the child’s life and cause harm
• The child’s welfare and best interests

If permission is granted, the Court will then consider the full application for a Child Arrangements Order. It is important to present a clear and well-supported case at this stage, demonstrating the positive role you have played in the child’s life and why continued contact is in the child’s best interests.

The Court will also consider any risks to the child’s welfare and may order assessments or involve Cafcass (Children and Family Court Advisory and Support Service) to provide reports and recommendations.

Grandparents should be prepared to demonstrate the positive role they have played in the child’s life and how contact would benefit the child.

Alternatives to Court proceedings

In many cases, it is possible to reach an agreement on child arrangements without a Court application. Mediation is encouraged by the Court and can help families resolve disputes amicably, with the support of a trained mediator.

Negotiating arrangements for the children informally or through mediation can reduce stress, save time and costs, and provide more flexible arrangements tailored to the family’s needs.

Our solicitors can advise on dispute resolution options.

Challenges grandparents may face

Grandparents’ applications can be more challenging than those made by parents, as they do not have an automatic right to contact. The Court will scrutinise the reasons for the application carefully and weigh the benefits against any potential disruption or distress to the child.

Issues that may arise include:

• Parental objections to contact
• Complex family dynamics
• Allegations of harm or safeguarding concerns
• The child’s own wishes, especially in older children or teenagers

Our solicitors help you prepare a persuasive application or response, gather relevant evidence, and present your case effectively to protect your relationship with your grandchildren.

Our approach to grandparents’ contact applications

Wace Morgan offers practical service for grandparents seeking or responding to child arrangements applications. We understand the sensitive nature of family disputes and work to achieve the best outcome for you and the child.

Our support includes:

• Advising on your legal position and options
• Preparing and filing Court applications
• Negotiating agreements outside Court
• Representing you at hearings
• Supporting you through enforcement of Child Arrangements Orders, if necessary

We aim to reduce stress and uncertainty by providing clear guidance and responsive communication at every stage.

Speak to a specialist grandparents’ rights solicitor today

If you are a grandparent facing difficulties in maintaining time with your grandchildren, our experienced family law team in Shropshire is here to help. We provide sensitive, practical advice tailored to your situation and can guide you through the legal options available to protect and restore your relationship.

At Wace Morgan, our experienced legal team are experts in their field, providing clear, reliable advice across a range of legal matters. Call us today on  01743 280 100 or request a call back online using our enquiry form.