In 1990, Age UK introduced Grandparents’ Day in the UK, now celebrated on 2 October each year. Whilst it is not an official holiday, it is a reminder of the importance our grandparents play in our lives. This importance can often be forgotten in the middle of a child arrangements dispute.
This article explores the options grandparents have in seeking contact with a grandchild they may have lost contact with due to a divorce or separation.
Do I have an automatic right to see my grandchildren?
Parents of a child will have parental responsibility which grants them the legal right to spend time with them and make decisions about their welfare, however there is no similar right for grandparents. Arrangements to spend time with grandchildren need either be agreed or ordered as part of a court order.
What if the parent won’t agree to let me see my grandchildren?
Mediators can help you in reaching an agreement. Mediators are independent so they do not provide either of you with advice, they are there to help guide you to an agreement. It is usually easy to find a mediator in your local area and we would recommend speaking with them about costs and timescales.
You can also try other forms of non-court dispute resolution such as arbitration, depending on what you believe would work best. You can also instruct a solicitor to write to the parent to see if there can be any negotiation via lawyers,
You can only proceed with a court application if you have attended mediation, unless you are exempt for example where domestic violence is involved. It is important to note that the domestic violence must relate to you and the parent, not between the parents themselves.
I need to make a court application – what does this involve?
The court have the power to make child arrangements orders, setting out who a child will live with and spend time with. You can apply for a child arrangements order but as a grandparent, you will need to seek the permission of the court first. The court will then decide if you should be ‘granted leave to apply’.
There are some exceptions for which you do not need permission under section 10(5) of the Children Act 1989 which include circumstances where your grandchildren have lived with you or you have the consent of the parents.
If the court grant you permission, you can then proceed with a child arrangements order application. The court then set a hearing date for you to attend as well as those with parental responsibility. A key point to remember is that just because permission is granted to make the application, does not automatically mean it will succeed.
How do the court decide how often I should see my grandchildren?
Primarily, the court consider your connection to your grandchildren. If you have never met your grandchildren or rarely see them, the court are less likely to make an immediate order with long-term arrangements. If you can evidence that you have a strong relationship with your grandchildren, such as being involved in their upbringing or daily care, it is more likely the court will make an order.
The court may ask for the input of Cafcass, a body of social workers, to assess what they believe would be in the children’s best interests. You may also be asked to write a statement explaining your relationship with your grandchildren and how this will be negatively affected if contact does not take place.
The court’s paramount consideration in any children proceedings is the welfare of a child. If the court do not believe a relationship with a grandparent is of benefit to a child, they are not likely to make an order.
There are already court proceedings about how much time the children will spend with their parents
If there are existing proceedings, you can still seek permission to make an application. Depending on your circumstances, the court will want to address contact with the parents first but they can consider your application also. Once arrangements for the parents are determined it can be easier to determine what the arrangements for grandparents will be.
Our team at E J Coombs are family law specialists who have worked with those seeking contact with their grandchildren. If you need assistance with an ongoing case or simply want to understand your options, book an appointment with us today using one of the links below.
