It is easy to see how being a grandparent who is prevented from being able to see their grandchild would be a very upsetting situation to be in. Unfortunately after a breakdown of a relationship, this situation is a real possibility, and one that we encounter often.
Luckily, if a grandparent finds themselves in this situation they are able to apply to the court to get to see their grandchild. In each application the court will look at the grandparent’s relationship with the grandchild, the nature of the application and whether there is any risk of harm to the grandchild.
If the grandchild’s parents or parent opposed the application, then there would have to be a hearing to decide whether to give the grandparent the right to see the grandchild. Despite the potential opposition from the parents, grandparents successfully applying to the court to see their grandchildren is becoming more and more common.
Before the grandparent can apply for an order to see the grandchild, grandparents will need to firstly apply to the court for permission to apply. This is an extra hurdle that a grandparent has to overcome that an ordinary parent does not. There is currently a debate to scrap this extra hurdle, and therefore give grandparents the same rights to apply for access to see children as parents have. It may be that this debate brings about a change in the law for the better.
If you are a grandparent and you have having difficulties seeing a grandchild then please get in touch with a member of our Family Law team today. We would only be too happy to help.