Grandparents can find themselves in a situation where they are no longer permitted to seeing their grandchildren. This can be highly upsetting to those family members, and to the children, who wish to maintain their relationships and familiar bonds. In this situation what can be done and do grandparents have an automatic right to contact?
Do grandparents have an automatic right to see their grandchildren?
As it stands, the current law surrounding grandparents seeing their grandchildren, is such that there is no automatic right to contact. This means that there is no legal presumption in favour of grandparents seeing their grandchildren and if birth parents will not agree, grandparents can find themselves in a very difficult position.
What help is out there to resolve matters?
The first port of call should always be to try to reach agreement through discussion, in the hope that birth parents will allow the contact to take place. If an agreement cannot be reached, then mediation can be attempted to try to find a resolution, save for where one of the mediation exemptions applies.
If meditation is not fruitful, then grandparents have the option of making an application to Court for a Child Arrangements Order to spend time with the grandchildren. Grandparents, unless an exemption applies, will then have the added hurdle that they are not automatically entitled to make such an application and they will first need to make an application to the Court for permission.
What is the Court process?
The Court, in considering whether to allow permission for a grandparent to make an application for contact with their grandchild(ren), will consider the following factors:-
- The grandparents’ connection with the child(ren);
- The nature of the application for contact; and
- Whether there is a risk that the application could disrupt the child(ren)’s life to the extent it causes them harm
It is of note that there is a difference in procedure depending on whether grandparents are seeking a Child Arrangements Order for their grandchildren to live with them or to have contact with them. In situations where grandparents are seeking to formalise their grandchildren living with them and the grandparent wishing to make the application has had the grandchildren living with them for a period of 1 year before making the application, or the grandparent is named in a current Child Arrangements Order as having contact with the grandchildren, then they would not need to first seek permission from the Court to make an application. Instead, they could proceed with the making of a substantive application following mediation.
However, if that grandparent was looking for a Child Arrangements Order to regulate with whom and when the grandchildren are to spend time with or otherwise have contact with any person, then they would first need to apply for permission.
What happens if the grandparents are successful in having contact?
If Grandparents are successful in obtaining permission from the Court, the Court will then look to deal with the substantive application. The Court, in making any decision relating to children, always consider the Welfare Checklist, as their paramount consideration is always the children.
If you find yourself in a situation where you need clear and empathetic advice about any family matter, please do not hesitate to contact one of the highly experienced solicitors in the Family Department at Rothera Bray on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
