Grandparents and Stepparents Rights

If the mother and father of the children separate, grandparents, can be left in a very difficult position particularly if they are the parents of the person with whom the children are no longer living. It can be a difficult balancing act for those grandparents trying to support their own child but stay on terms with the parent with care so that they can see their grandchildren and maintain a relationship with them.

Grandparents do not have an automatic right to apply for a court order in relation to their grandchildren BUT they can apply with the court’s permission.

It is important that grandparents pursue the matter legally as soon as possible after the breakup. The longer the matter is left without any direct contact with the children the more chance there is that children will be set in a routine that does not involve their grandparents and the more likely it is that they will find that children may not wish to see them.

It is also possible for grandparents to take over the day to day care of grandchildren. This can occur when neither parent can care for the children or where neither parent is capable of caring for the children.

Stepparents can obtain Parental Responsibility in respect of stepchildren. It is possible for them to enter into a Parental responsibility agreement to obtain PR or to obtain a court order.

After the breakdown of the marriage, a stepparent may wish to pursue a child arrangement which enables them to see their stepchild. Such arrangements can become complicated if the child is also seeing this natural father as it means that a child may need to spend time with mum, with dad and with stepdad. It can be a case of insufficient time to go around.

We can help provide you with tailor-made advice on your situation.