Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
Do grandparents have rights?
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Do grandparents have rights?
- Introduction
- What’s the difference between parents and grandparents rights?
- Do grandparents have a right to see their grandchildren?
- Who gets Parental Responsibility?
- What do grandparents do if they want to see their grandchildren but aren’t allowed to?
- Conclusion
Introduction
Family breakup doesn’t just affect parents and children. It involves the whole family. Aunts, uncles, cousins, grandparents and others. It makes sense – children have relations on their mother and their father’s side – and it’s not just Mum and Dad either.
Children have two parents. That’s two (or more) surnames. Multiple cultures, histories.
Many people believe that the only people who have a right to see a child are his or her parents.
Unfortunately, this is wrong in more than one reason. This blog post will explain why that is the case, where grandparents stand and what they can do about it.
What’s the difference between parents and grandparents rights?
This is a trick question!
The correct response is `parents and grandparents don’t have rights’.
In England and Wales (the jurisdiction we specialise in) parents typically have `Parental Responsibility’ (PR); Scotland has `Parental Responsibilities and Rights’ (PRR).
Even having PR probably doesn’t doesn’t give you any rights you’d think you may have. It gives you (and the clue is in the name) – responsibilities. For example you don’t have the right to:
- Known where your children (or grandchildren) live.
- To see your children (or grandchildren).
- Speak to your children (or grandchildren).
- Take your children (or grandchildren) on holiday.
- …among others.
What PR does confer is things like:
- Disciplining the child
- Choosing and providing for the child’s education
- Agreeing to the child’s medical treatment
- Naming the child and agreeing to any change of name
looking after the child’s property
(this list is from the UK Government site here)!
It’s important to note that while there is only one type of Parental Responsibility (being a resident parent/primary carer, etc. doesn’t confer any extra `powers’). what typically happens is a non resident parent/non primary carer should be `consulted’ about all of the above (although it’s important to understand that being `consulted’ can mean anything from being completely involved all the way down to being told which decision has been made, sadly).
The key is having Parental Responsibility.
Do grandparents have a right to see their grandchildren?
No. In the same way parents and everyone else has no right. It’s possible for grandparents to gain PR, but rare
But that isn’t to say the courts won’t believe it’s in the best interests of a child to see their grandchildren (see below!)
Who gets Parental Responsibilty?
Mother’s get Parental Responsibility by default. Fathers get it if they’re married to the father or they’re named on the birth certificate. Someone who has gained it via the completion of a C(PRA)1 form. Finally it’s possible to get it by court order.
That’s it.
Grandparents (and anyone else) who convinces a court it is in the best interests of the children to have PR can be granted it.
What do grandparents do if they want to see their grandchildren but aren’t allowed to?
But lacking Parental Responsibility isn’t a bar to seeing the grandchildren.
The short answer to this question is they need to do the same as parents do when they want to see their children but aren’t allowed to (albeit it with an extra step). They need to:
- Attempt to talk to the parent the children lives with.
- If that fails, engage in mediation.
- If that fails, make a court application.
Parents (and grandparents) don’t have rights…but children do.
They have a right to spend time with various family members – not just parents. As the Children Act is concerned with the best interests of the child, that best interest is often served by a relationship with those family members.
The extra step? It’s a C2 form (on top of the C100 to apply for contact, residence, etc.) This form is the one to be used by anyone who wants to make an application for a child they don’t already have PR for.
The C2 form is to apply to permission to the court with the C100 application. It’s submitted alongside the C2 and there is no additional fee for doing so. The applicant will need to explain why they want to make the application.
As always, the answer is clear if the focus is on the child.
A typical example would be that a child has had a close relationship with a grandchild and ask the court for it to continue or one that wishes to be part of a child’s life generally. Of course, it helps being involved as much as possible from the outset because the obvious comment by a hostile parent would typically be something like `He/she was never interests in his/her grandchildren for a long time but has suddenly changed his/her mind so it’s obvious he/she isn’t sincere’.
Incidentally – this process is the same for anyone else seeking to make an application with respect to a child – aunts, uncles, etc.
Aside from the C2 form grandparents need to submit for a court application, the process, challenges and system is exactly the same as it is for parents.
Conclusion
It’s not about rights, it’s about responsibilities. Children benefit from a relationship with their family members – not just parents. Grandparents are a direct link to their family’s history and should be the best allies of their parents.
As with any conflict in family law separation, it is always best if things can be done amicably, with the best interests of the children in the forefront of everyone’s mind.
It is however a myth that grandparents have `no rights’ – because no one has rights when it comes to children. But it’s also a myth that grandparents cannot make an application to defend their grandchildren’s right to a relationship with much loved grandmothers and grandfathers.
This post is for informational purposes only and does not constitute legal advice.
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