Can a grandparent apply for access to their grandchildren?

Can a grandparent apply for access to their grandchildren?

Currently, grandparents have the right, independently of their own children, to make application to court for access to their grandchildren. The Children and Family Relationships Act 2015 gives relatives like grandparents the right to apply for access to their grandchildren.

How does a grandparent apply for a court order?

Grandparents need to apply separately, so that they are also listed on the court file as a ‘party’ to the court action. A Grandparent does this by filing an Application with an Affidavit in support of their application.

Can a child take action against a grandparent?

Since the child cannot enforce that right, if the child’s parents are not facilitating a grandparent spending time with their grandchild, it is up to the grandparent to take action to get that to happen. The Law enabling Grandparents to take court action?

Can a court award visitation rights to a grandparent?

A court may award a grandparent the same visitation rights as they would award a parent who does not have custodial rights to the child. This only applies if the grandparent’s child is deceased and the grandparent has provided child support to the grandchild.

What should I do if my child is a grandparent?

Consider taking legal action under the Family Law Act. You (or any other person concerned with the care, welfare or development of the child) may be able to apply to the Court for orders that the child lives with you. You should get legal advice before you do this.

What can grandparents do under the Family Law Act?

Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them. You can do this whether the parents of the children are together or separated. The Family Law Act acknowledges the importance of children having a relationship with their grandparents.

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