Family Lawyers & Mediators in Brighton
01273 684666

What ‘Rights’ do I Have as a Grandparent?

It is recognised by the Courts in England and Wales that Grandparents play a significant role in the lives of their grandchildren and this can be at risk when families separate. In England and Wales, Grandparents do not have automatic rights to spend time with their grandchildren.

Where an agreement can be reached, there is no need to make an application to the Court as an order will only be made if in all the circumstances it is better to do so than not make an order at all. The Court is not there to endorse agreements already reached.

Where an agreement cannot be reached, consideration can be given to making a Court application. Whilst Court orders can be necessary, they can also be inflexible and counter productive as children grow and their needs change. Going to Court should be considered as a last resort.

There are two stages to the process 1) attending mediation to see if you can reach an agreement (mediation is a prerequisite to any Court application being made) 2) apply to the Court for permission to bring an application. The Court will then consider the merits of your application and then determine whether to grant you permission to make your application.

We offer an initial one hour consultation at £100.00 plus VAT to advise you about the applicable law and possible outcomes, the various ways your case could be funded and provide an estimate of the costs involved.  This includes a letter to you to confirm the advice given during the appointment.

 

Legal Aid for Mediation
From 3rd November 2014 legal aid is available to fund both the MIAM and the first session of mediation where one of the people involved qualifies for legal aid.

 

For further information see Legal Aid Changes for Mediation , Family Mediation in Brighton and About Family Mediation.
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