Unfortunately, aunts and uncles are sometimes stopped from seeing their nieces and nephews by the child’s parents or guardians. Not being able to see your nieces and nephews can be a frustrating and upsetting situation for the people involved. This leads to the question of “do aunts and uncles have rights to see their nieces and nephews”. The short answer is, aunts and uncles do not have rights to see their nieces and nephews unless they have Parental Responsibility.
I’m not being allowed contact, what’s the first step?
If you are not being allowed contact, there are several steps you can take before applying to the court.
The first step is approaching the parents to see if you can agree. When arranged this way, contact tends to be less stressful for everyone involved. A helpful suggestion is to encourage the parents to consider that their child (not you) may miss out on the benefits of seeing you. If you do not feel comfortable approaching them yourself, consider enlisting the help of a trusted family member who can remain neutral. Alternatively, you could engage a completely independent mediator as a go-between. Remember that if you do go to court, you will typically be expected to have attempted mediation first.
Applying to the Court
If these negotiations don’t work or break down, extended family members usually have to apply for ‘leave’. This means getting permission from the court for a Child Arrangements Order.
When the court decides whether or not you should be granted leave, it will consider factors like your connection with the child, the views of the parents, and whether your application would cause disruption for the child.
If you get leave
If you are granted permission, the court will evaluate your application for contact with the child. The primary focus of this decision will be what is in the child’s best interests.
Courts increasingly acknowledge the importance of extended family members in children’s lives, which is a positive development. Extended family members are spending more time with children as they grow up, making their roles increasingly significant.
What do I do now?
If you are an extended family member and are not being allowed to see your nieces and nephews, contact us today.