The ripple effect when a relationship breaks down can easily extend to grandparents as they are often a key member of the family network, offering childcare and other support. It is important for grandparents to try to maintain contact with the child’s parents and maintain neutrality as much as they can.
How can I get access to my grandchild?
You should explain that you miss your grandchildren and want to continue to provide both emotional and practical support for them during the parents’ separation process and beyond.
Conversations such as these can be difficult and emotional, so you may wish to write a letter to the parent with whom the children live. If they do not reply or the letter does not have the desired effect, you may wish to attend family mediation.
Contact with your grandchild if their parents divorce or separate
There are number of options to help re-establish time with your grandchild, these include:
- An informal, family-based arrangement with both parents;
- Mediation or collaborative law;
- An application to the court - this is really the option of last resort.
Do grandparents have a right to see their grandchildren?
There is no automatic legal right for you to see your grandchild if a parent prevents it. The Family Court does, however, recognise the important role that grandparents play in the upbringing of children and is likely to grant permission for an application to be made as long as there is no history of abuse, violence or other safeguarding concerns, and if there is evidence that you have had a relationship with your grandchildren up to this point.
Mediation for grandparents
Mediation, by its very nature, is voluntary but it is a safe environment in which matters concerning your grandchildren can be discussed, with a view to reaching an agreement that is acceptable to all parties.
In the first instance you would need to attend a mediation information and assessment meeting (a MIAM). If mediation is right for you, the mediator will invite the parents to enter a joint session. If this session is unsuccessful or someone refuses to attend, you might then wish to make an application to the court.
How to apply to the Family Court for a Child Arrangements Order
An application will be prepared online using what is known as a form C100. The form effectively requests permission from the court to apply for a Child Arrangements Order. It is necessary to seek permission as grandparents do not have an automatic right to apply, but the Family Court is supportive of grandparents where you have had a relationship with your grandchildren in the past and where there are no safeguarding concerns. In these circumstances they are unlikely to refuse permission for your application.
Children and the Family Court Advisory and Support Service (Cafcass)
In advance of a hearing, a Cafcass officer will be appointed to undertake safeguarding checks. The officer will contact you and those with parental responsibility to gain an understanding of the issues around contact. They will also run checks on the Police national computer and with Social Services to provide the court with any relevant information.
Court hearing to seek contact time with your grandchildren
The Family Court is not like the courts that you see on the television. It is more supportive and tries to reach a conciliatory agreement wherever possible. Ultimately, what is in the best interests of the children is the main focus of all involved in the process. It is hoped that an early resolution can be achieved, ideally, at that first hearing.
If an agreement cannot be reached, then the court will set out what additional information it requires to be able to consider matters further. This may include a full report from Cafcass, statements from all parties and any other relevant information. A further hearing will then be listed once all of this information has been provided, so that the court can consider matters further and, again, try to reach an agreement.
But if an agreement cannot be reached on this second consideration, the matter will be listed for a final hearing.
Contact Lisa Collins
If you are a grandparent who needs help to regain contact with your grandchild or grandchildren, or if you are a parent who needs help in resolving how your child’s relationship with their grandparents can continue, please contact one of our specialist family solicitors who will be able to help you.
