Divorce can be a difficult process, especially when children are involved. It can be even more challenging when grandparents are caught in the middle. Grandparents often form close bonds with their grandchildren, and it can be devastating when those bonds are threatened due to a divorce or separation.
At Richards & Lewis, we understand the importance of family relationships and are committed to helping grandparents protect their rights in child custody cases. In this blog, we will discuss the legal rights of grandparents in the UK and how our team of local solicitors in Ebbw Vale can help grandparents navigate child custody cases.
Legal rights of grandparents
Under UK law, grandparents do not have an automatic right to see their grandchildren, but they do have the right to apply for a court order to gain access or custody. This right was established in the Children Act 1989, which recognises that grandparents can provide a stable and loving home for children in some situations.
When considering a grandparent’s application for custody or access, the court will always prioritise the best interests of the child. This means that the court will consider factors such as the child’s welfare, their relationship with the grandparent, and the grandparent’s ability to provide for the child’s needs.
Factors that may affect a custody or access application
While grandparents have the right to apply for custody or access, there are certain factors that may affect their application. For example, if the child’s parents are still together and have not separated, the court may be hesitant to grant custody or access to a grandparent unless there are exceptional circumstances.
Additionally, if there is already a custody order in place, the court may be reluctant to disrupt the child’s routine unless there are compelling reasons to do so. Finally, if the child is old enough to express their own wishes, the court will take these into account when making a decision.
How a solicitor can help
If you are a grandparent who is seeking custody of or access to your grandchildren, it is important to work with a solicitor who specialises in family law. A solicitor can help you understand your legal rights, navigate the court system, and make the strongest case possible for why you should have access or custody.
It is also important to note that the court will require evidence to support your application, so your solicitor can help you gather the necessary documents and present your case in the best possible light.
Grandparents play an important role in the lives of their grandchildren, and it’s important that their legal rights are recognised in child custody cases. If you are a grandparent who is seeking custody or access to your grandchildren, working with a solicitor who specialises in family law or, specifically, child law can help you understand your rights and make the strongest case possible.
We offer a range of family law mediation services and can advise on an array of issues, including divorce or separation, adoption, domestic violence injunctions, childcare proceedings and contact disputes. If you’re in need of child law experts in South Wales, contact Richards & Lewis today to schedule a consultation.