01785 223440      team@orj.co.uk

Grandparents’ rights to see grandchildren

Angie Parker, Head of Family at ORJ, looks at options available to grandparents if they are being denied access to their grandchildren

When a relationship breaks down, the heartbreaking reality is it can lead to grandparents losing contact with their grandchildren through no fault of their own.

Some grandparents who have been prevented from seeing their grandchildren following a divorce one generation lower have likened it to “living with a bereavement”, mixed with feelings of embarrassment, shame and isolation.

Research has shown that playing with grandchildren can foster a sense of joy and purpose in the grandparent’s life, while bringing many benefits for the child too.

Despite numerous petitions and campaigns over the years, it remains true that grandparents have no automatic legal right to see their grandchildren. 

But if you are a grandparent who is being denied access to a beloved grandchild, all is not lost.

What do you do if you are being denied access?

It might seem obvious but it’s worth stressing – the first step should be to seek honest and open discussions with the parents. Talk to them about your desire to see their child and how much you love them. If at all possible, come to an informal agreement about spending regular time together.

Informal though it is, I would recommend putting the agreement in writing so that everyone knows where they stand moving forward.

If this is not possible, the next step should be mediation. In this circumstance, mediation would involve a third-party professional facilitating meetings and discussions between the isolated grandparents and the parents.

To embark on mediation, all parties must be willing to take part and, just as the parents will have to put aside their differences, grandparents too must try as much as possible not to favour their own child over their child’s former partner. This is easier said than done, but an experienced mediator will help lay the foundations of respect.

If court action is later sought it must first be proved that mediation has been tried and failed. It is also worth bearing in mind that if mediation is not possible or fails you will receive a signed form from the mediator to include in the court application. That form is only “good” for four months. Should you decide at that stage not to make an application to the court but then decide, say, six months later to proceed, then a “fresh” referral would need to be made to mediation. 

Mediation can help to avoid costly court proceedings and can often resolve the situation in a far more amicable manner.

Sometimes a non-threatening letter from a solicitor can help pave the way towards a meaningful discussion over contact.

The next step – apply for permission to make Children Arrangements Order

If access is still being denied, court action may be required. First, though, there is an additional hurdle to clear – grandparents must seek the permission of the court to make an application under the Children Act 1989 for a Child Arrangements Order on a Form C2.

At this stage, the court will consider the nature of the relationship between the grandparent and the child, the proposed application and whether the child’s life is likely to be disrupted by the application to such an extent that it will cause them harm.

After consideration, the court will either grant or deny the grandparent permission to apply for a contact order. If you are given permission to apply for a contact order, you should not assume that this means you will be ultimately successful.

In court

If they haven’t already, grandparents should certainly take legal advice when the matter reaches court.

The usual safeguarding checks will take place as they do in any such application concerning children in respect of the arrangements and these are undertaken by CAFCASS – and are undertaken of all parties. 

It is likely that the grandparents will have to attend a full hearing during which they can put forward their evidence and arguments, while either or both parents can air objections.

At this stage, it is down to the grandparent to persuade the court they have a meaningful and ongoing relationship with their grandchild and that it is in the best interests of the child. 

The court will consider whether spending time with the grandparents will improve the grandchild’s life – and whether the ongoing involvement of the grandparents could upset the wider family dynamics.

However – and this is the important part – the court only usually refuses access to grandchildren in extreme circumstances, particularly when there has been, prior to the breakdown of relationships, regular contact between the grandparents and grandchildren. 

Yes, it can be a long and weary process – but good results are possible.

If successful, the court will either order direct or in-direct contact, which allows messages to be exchanged between grandparent and grandchild.

How we can help

I’ve been doing this job long enough to know that even the mere mention of court can be enough to put some people off, but I’d urge grandparents not to give up. It is all too common that grandparents lose contact with grandchildren, years go by and the relationship is difficult to salvage.

The expert family law team at ORJ can help you make the argument that the child or children are better off with grandparents in their life than without.

Speak to us today to see how we can help.