Grandparents Legal Rights

When marriage or co-habitation relations break down, there are invariably implications for the wider family, and parents or grandparents are often called upon to assist either financially in helping their son or daughter to achieve a settlement with their former partner or in matters relating to the children. 

Question 
My son and daughter-in-law are splitting up.  We enjoyed a good relationship with our grandchildren whilst my son and his wife were together but since they have split up we are finding it very difficult to see our grandchildren at all.  What is our legal position?

Answer 
Somewhat unusually, grandparents have no legal right of contact with their grandchildren or any automatic right to make an application for contact.  The procedure therefore involves grandparents having to make a preliminary application for leave or permission to the Court to ask the Court to consider when and in what circumstances they should see their grandchildren.  If there is an established relationship, the preliminary leave application is usually just a formality as the Courts encourage a scenario where children maintain contact not only with both parents but also with the wider family unless there is very good reason why this should not occur.  In the majority of cases, grandparents will maintain contact with their grandchildren, which will occur at the same time as their own child sees the children.  If there are difficulties between the parents where contact between your son and his children is either blocked or restricted by your daughter-in-law, this should not however prevent you from either agreeing freestanding contact to see your grandchildren independently of your son or making an application to the Court in that regard, should direct discussions fail.  Alternatively if your daughter-in-law is willing she may be prepared to mediate these issues with you. 

Question 
I have advanced money to my daughter and son-in-law to enable them to purchase their family home.  I have always assumed that this is a loan which will be repaid and have taken it on trust that when they come to sell the house that that verbal agreement will be honoured.  As we are family it never occurred to me that I needed any legal protection in place.  To my horror I have now discovered, following my daughter and son-in-law entering into divorce proceedings, that my son-in-law is suggesting that this was a gift to him and my daughter and that there is no legal basis on which I should be repaid and that he wants half the equity in the house.  What should I do about this? 

Answer 
Again it is best if you can try and agree these matters directly with your daughter and son-in-law.  If that is not possible it is very important at an early stage that you put both your daughter and son-in-law, or their solicitors if appointed, on notice in writing of your potential interest in the property for purposes of achieving the return of the monies loaned to your daughter and son-in-law if that was agreed under the terms of your original loan to them should they separate.  It may be possible, depending on the terms of your original verbal agreement, to apply for an interest in the property in equity and trust and also to consider registering a restriction against the title of the property to prevent sale or re-mortgage of the property without you being accounted to.  If financial proceedings are issued within a divorce, or trust in land proceedings (TOLATA) issued in a co-habitation dispute, it is important that you make a separate application to the Court to apply to intervene in those proceedings to have your position heard, before the Court gives consideration as to how monies are to be divided between your daughter and son-in-law.

Moore Blatch has a specialist family law department based in Southampton and Lymington.  The team, led by Debra Emery, can advise on an extensive range of family matters including divorce and separation, co-habitation, pre-nuptial agreements, grandparents rights and issues involving children.For more information, please contact Debra Emery on 023 8071 8057 or email debra.emery@mooreblatch.com