In 1990, Age UK introduced Grandparents’ Day in the UK, now celebrated on 2 October each year. It is a reminder of the important role grandparents play in children’s lives. This can often be forgotten in the middle of a child arrangements dispute and, sadly, some lose touch with their grandchildren, following a divorce or separation of the child’s parents.
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. There is no similar right for grandparents. Arrangements to spend time with grandchildren need to either be agreed or ordered as part of a court order.
What if the parent won’t 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 facilitate an agreement.
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 fall under one of the limited exemptions.
I need to make a court application – what does this involve?
The court has 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 the court’s permission, which include circumstances where your grandchildren have lived with you or you have the consent of the parents.
If the court grants you permission, you can then proceed with a child arrangements order application. The court will 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 does the court decide how often I should see my grandchildren?
Primarily, the court considers your connection to your grandchildren. If you have never met your grandchildren or rarely see them, the court is 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 court-appointed body of experts, to assess what they believe would be in the child’s best interest. 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 these proceedings is the welfare of the child. The court usually takes the view that relationships with the child’s wider family will further their welfare.
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.
If you need any assistance on this matter, please contact me on 01883 343460.
