Child Arrangement Order - How can Grandparents obtain one without either of the parents being brought to Court?

30th Apr 2019

CATEGORY: Family

LOCATION: ABERDEENSHIRE

1 answer
  • OTS Solicitors

     

    More detailed information will have to be gathered before any advice can be imparted but in general, grandparents in the UK unfortunately, do not have automatic legal rights to apply for a Child Arrangements Order/Contact Order to see their grandchildren when their parents break-up. This is because grandparents do not have parental responsibility for the child.

     

    However, grandparents who have been used to having a close relationship to the child may apply to the court for a Contact Order in the event no agreement can be established. The following criteria must be met in order for the court to consider any application  :

     

    • There is a positive motive for the application and it is in the best interests for the child
    • There is no risk of harm to the child’s wellbeing and welfare
    • There is benefit to the child having contact with their extended families; to promote  or maintain a good and lasting relationship  

     

    The parents of the child must agree to the application; failing that a court hearing will be necessary, although the desired or preferred option is to avoid court proceedings – for parties to endeavour reaching an amicable solution or contact arrangements which is advantageous to both the grandchild and grandparent.  

     

    We invite you to get in touch with OTS Solicitors on 0203 9599 123 to see how we can assist further.

     

     

     

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