Grandparents are a huge asset to any family. Not only do they have a lot of love, adivce, guidance and support to give, these days they’re often called on as carers. They play a vital role in the family. More importantly, when they’re carers (and even when they’re not) they develop very close bond with their grandchildren, who sometimes spend more time with them than with their own parents. Approximately 60% of all childcare in the UK is provided by grandparents.
What rights do the paternal grandparents have to see their grandchildren?
The fact is that only people with parental rights, usually the mother and father named on the child’s birth certificate – have automatic access to the child. However, that doesn’t indicate that all legal doors are closed to grandparents. Where children are over the age of 10, their views are also taken into account when deciding access, although this is tempered with statements from the parents. For those children below that age, the court tries to assess what’s in the best interests of the child when it comes to access. So it’s possible that paternal grandparents could have access. Realistically, though, it’s rare for paternal grandparents to be given access.
What Can You Do?
In truth, grandparents don’t have a legal leg to stand on. If your former – in-law wants to deny you access to your own grandchildren, they can, and its perfectly legally. You can try approaching her directly and negotiating access, or through mediation, but there’s no guarantee it would work.
There is also the alternative of taking the matter to court, though this can be expensive, and in the vast majority of cases, you’ll find it to be unsuccessful.
It’s heartbreaking, for the grandparents, but also the children, who may have depended on them for so long and built strong relationships with them. Even in the best break up, everyone suffers.
PHOTO: SANDOR WEISZ
