Grandparents rights?

[skeggysteve]

Ignoring the covid restrictions, under normal circumstances do grandparents have any rights to see their grand children?

[catman]

I'm not a Lawyer, but if you're speaking about enforceable legal rights, I'm pretty sure that the answer is no.

[anonymous-user]

No, absent an order making a grandparent the legal guardian of a chid.

It may also be worth adding that the concept of parental rights is a bit misleading. Children have rights. Parents do not own their children.

[skeggysteve]

Thanks both of you for confirming my gut feeling.

I agree with you BV about children having rights and parents not owning them.

[Jasandjules]

No. But it may be arguable that a child has a right to see the grandparents if that is their desire.

[DanGibsonRacing]

Breadvan72 said:

No, absent an order making a grandparent the legal guardian of a chid.

It may also be worth adding that the concept of parental rights is a bit misleading. Children have rights. Parents do not own their children.

I echo this, PR should be interpreted as parental responsibility rather than parental rights.

OP, in answer to your question, no grandparents do not have an automatic right to contact with their grandchildren. Depending on the circumstances, such as whether you have had a caring responsibility for the children you can apply to the court for permission to submit an application for a child arrangements order.

I wish you all the best and hope any differences can be set aside for the benefit of the children

Edited by DanGibsonRacing on Friday 4th December 14:34

[anonymous-user]

Jasandjules said:

No. But it may be arguable that a child has a right to see the grandparents if that is their desire.

Good point.

[Countdown]

Jasandjules said:

No. But it may be arguable that a child has a right to see the grandparents if that is their desire.

Probably a moot point in that (IME) most grandparents care more for their grandkids than the parents do () how would you argue the above?

IF a grandparent didn't want to see their grandchild for any reason surely it's the GP's right to choose? Wjy should the Child have some kind of legal authority to force the GP to see them?

[anonymous-user]

The grandparent could not be compelled to see the child. I suspect that JandJ had in mind that the child could express a wish to see a grandparent even if the parent wished to block this. If the matter was ever before a court, the court might order that the child be permitted to see the grandparent.

[skeggysteve]

Jasandjules said:

No. But it may be arguable that a child has a right to see the grandparents if that is their desire.

As the grand child in question is only 7 weeks old looks like we may have a while to wait!

Thanks for all the replies especially to Dan Gibson for your kind words.

[mattyprice4004]

Is there any reason they shouldn’t be allowed to see them?
If not, I can’t see that it’s fair to say no.

[tinnitusjosh]

mattyprice4004 said:

Is there any reason they shouldn’t be allowed to see them?
If not, I can’t see that it’s fair to say no.

think of it the other way - is there any reason why they must be able to see them?

[Jasandjules]

Breadvan72 said:

The grandparent could not be compelled to see the child. I suspect that JandJ had in mind that the child could express a wish to see a grandparent even if the parent wished to block this. If the matter was ever before a court, the court might order that the child be permitted to see the grandparent.

Yes quite so.

[anonymous-user]

Grandchildren are said to be the reward that life bestows for not murdering your children.

[Pro Bono]

skeggysteve said:

Ignoring the covid restrictions, under normal circumstances do grandparents have any rights to see their grand children?

They don't have any automatic rights, but they can apply to the court for a contact order, and if the court considered it to be in the child's interests it's possible that they could grant contact even if it was against the wishes of one or both of the parents.

It would be sensible to obtain advice from a specialist family lawyer.

[MikeM6]

skeggysteve said:

Ignoring the covid restrictions, under normal circumstances do grandparents have any rights to see their grand children?

You could make an application for a Child Arrangements Order to spend time with your grandchildren (you would be applying initially for permission to apply), and then the court would consider the application from the perspective of what is best for the child(ren), factoring in any risk issues that are raised etc by anyone.

Before you do any of that thought, you'd be best of trying to mediate or reach an amicable resolution with the parents first, as avoiding court is always better if possible.

PR does refer to parental responsibility rather than rights.