Grandparents have no legal rights over a child unless they have Parental Responsibility (for example, as a Child’s Guardian). The family court may determine that it is in the child’s best interests to have contact with extended family members, such as grandparents, aunts, uncles and cousins.
Extended family members such as grandparents who regularly provide a home for the grandchild perhaps because of the parents’ circumstances, may apply for a Child Arrangements Order, to formalise the arrangement whereby the child would stay with them on a regular basis, or if the parents are not agreeable to the contact.
As well as extended families, some relationships may involve what is termed alternative family members. This might include LGBTQ couples where the child has been born after IVF and the donor is a close friend who wishes to have contact with their biological child. In these cases, it is possible to apply to the family court for Parental Responsibility as well as any other substantial order.
UK immigration law may have an impact on contact with a child, especially if extended family members without the right to reside in the UK are to play a role in caring for the child on a permanent or regular basis.
Under Regulation 8 (2) of the Immigration (European Economic Area) Regulations 2006 there are several factors taken into account to establish whether a person who is normally resident outside the EU can be considered extended family. The court would take into account their present membership of a household and any previous qualifying membership, as well as present family dependency and any previous family dependency.
Duncan Lewis Solicitors family team can advise you on the rights of extended family members or alternative family members under UK family law and EU law, including applying for Child Arrangement Orders or Parental Responsibility.
Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children
Duncan Lewis Solicitors also has a highly experienced immigration department who are able to advise on immigration law and relevant points of law for extended family members involved in international marriage and divorce.
Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.