What's Your Problem ?
 
My son and his wife are getting divorced. We're really worried that we may not be able to see our grandson anymore. Is there anything we can do? What rights do we have?
When a relationship ends, many parents are able to make arrangements amicably between themselves about where children will live and visits from the other parent and grandparents. Sometimes family mediation or counselling can help if there are problems.

If it's impossible to resolve the situation informally, the court can make decisions about children. There's no legal requirement that disputes about children have to be settled in court and it's always open for the carers of a child to make their own arrangements without involving the court. This is less disruptive to the child and avoids the expense and delays of legal action.

Grandparents have no automatic rights or responsibilities in relation to their grandchildren but you can apply for a contact or residence order. Although grandparents are considered to have an important role in a child's life, the court will examine the role the grandparents have played in the child's life and whether an order is in the child's best interests.

If your grandson has been living with you for three years you can apply for a contact or residence order. If not, you must ask the court for permission to apply. This is often useful in situations where parents are separating and the court is making decisions about the child; or a child's parents are refusing to let the grandparents see the child; or if the child is going to be adopted; or if an unmarried father is applying for a court order.

A contact order allows you to be in touch with your grandson and states how frequent the contact must be. A contact order usually lasts until a child is 16. A residence order would give you parental responsibility for your grandson for as long as the order remains in force.

If you need more advice get in touch with your CAB for help.

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