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Grandparent’s Rights

Child Arrangement Order

When a marriage or relationship breaks down, grandparents are often called upon to assist their son or daughter either financially or in matters concerning the children. Sometimes grandparents can lose touch with their grandchild(ren) as a result of a relationship breakdown, causing distress to everyone involved.


What rights do grandparents have?

Essentially, grandparents have no legal right to see their grandchild(ren). But, if they are not having any contact with their grandchild(ren), grandparents can apply to the Court for a Child Arrangements Order. Even if grandparents are taking care of their grandchild(ren), they have no legal right to make important decisions about their upbringing as they do not have Parental Responsibility, unless this has been granted by the Court. This means, they are in a very difficult situation as they cannot make decisions about medical treatment and education.


Having contact with grandchildren

If grandparents are not able to see their grandchild(ren) because one or other of the parents refuse, they can make an application to the Court for a Child Arrangements Order. First, they need to ask the Court for permission (leave) to apply. If the grandparents have always had a good relationship with the grandchild(ren) this is usually just a formality. The Judge would then need to decide what contact, if any, would be in the best interests of the grandchild(ren). As with any applications under the Children and Families Act 2014, the Judge would look at a number of factors contained in the Welfare Checklist. 


If children live with their grandchildren

If the child(ren) already lives with the grandparents, or the grandparents feel that it would be in the best interests of the child(ren) to live with them, they can make an application to the Court for a Child Arrangements Order. They would need to ask for Permission (leave) to apply first. As with an application for Contact, the Judge would need to decide what would be in the best interests of the child(ren) in line with the Welfare Checklist. If a Child Arrangements Order is granted and the children are to live with their grandparents, the grandparents would share Parental Responsibility jointly with those who already have Parental Responsibility (usually the mother, and sometimes the father). 


Special Guardianship

Special Guardianship can provide grandparents with a special form of Parental Responsibility allowing them to make important decisions about the welfare of the children, excluding others who might also have Parental Responsibility. This is a very complex area of law. Please call us today to discuss your needs and how we may be able to help.

We give the best service as we have the best people.

Please do not delay in contacting the Child Arrangement Unit at Brendan Fleming as we need to move quickly to ensure we can start representing you with no delay. The quicker we are instructed, the quicker we can start helping you.

Don't just take our word for it, hear from our happy clients

“I am very pleased with Brendan. He doesn’t fail you at all. You walk out of there more than happy. I am quite a nervous person but, with the way that Brendan is, I always feels so more assured. Gemma was brilliant as well.” – Mrs W.

“In two words, I can describe Brendan Fleming Solicitors: absolutely brilliant. I was so scared at first at seeing a solicitor, but Brendan is such a brilliant guy. I didn’t expect someone who was so down to earth. I was made to feel comfortable. I cant thank Brendan Fleming Solicitors enough for seeing me so soon. The weight of the world really has been lifted from my shoulder.” – Scarlette

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“The appointment with Brendan was good and all the advice given was great. I feel a lot better now that I have had legal advice and feel happy that I have people to support me: prior to coming to Brendan Flemings, I didn’t feel as though I had any support. I am very happy overall.” – Ms B.

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We are also honoured to have received high praise from Barrister's over the years.

Finally, let us leave you with our Ten Commandments about the most important people at Brendan Fleming Solicitors - YOU.


Telephone: 0800 999 1408

165 Newhall Street
St. Paul’s Square
Birmingham B3 1SW

The quicker we are instructed, the quicker we can help you.

We give the best service as we've got the best people.