Navigating separation: The crucial role of grandparents

Grandparents often hold a cherished place in their grandchildren’s lives, offering love, wisdom, and stability that can leave a lasting impression throughout childhood and into adulthood. The bond between grandparents and grandchildren is frequently described as uniquely nurturing, sometimes even surpassing the depth of their relationship with their own children.

Unfortunately, when a relationship or marriage breaks down, grandparents are often among the first to feel the impact. In some cases, they face reduced access to their grandchildren, and in the most challenging scenarios, they may lose contact altogether.

Do grandparents have legal rights in England and Wales?

In England and Wales, grandparents do not have an automatic legal right to see their grandchildren unless they hold parental responsibility (PR). Despite this, the Family Courts acknowledge the vital role grandparents play in a child’s development and well-being. In fact, it is rare for courts to refuse a grandparent access unless there is clear evidence of abuse or violence. Importantly, the courts view contact as a child’s right, emphasising the child’s best interests above all else.

Maintaining relationships through open communication

The first step for grandparents seeking to maintain their relationship with grandchildren is to foster open communication with both parents following a separation. A cooperative and understanding approach can often prevent unnecessary disputes and ensure that the bond between grandparents and grandchildren remains intact.

However, when communication breaks down, grandparents may need to explore other options to safeguard their role in their grandchildren’s lives.

Exploring non-court dispute resolution (NCDR)

Before turning to the courts, there is an expectation that grandparents attempt to resolve the situation through non-court dispute resolution (NCDR) methods. These approaches, such as mediation or arbitration, aim to reduce conflict and reach a mutual agreement without the need for formal litigation.

• Mediation: A mediator helps guide discussions between the parties, providing a neutral space for each side to voice concerns and work toward a practical solution. Mediation is not legally binding, but it often fosters amicable agreements that benefit all parties involved.
• Arbitration: This option offers a quicker and more cost-effective alternative to court proceedings, often concluding within six months. The decision reached in arbitration is legally binding, providing more certainty than mediation. However, both parties must agree to participate in arbitration in order for it to proceed.

When court proceedings become necessary

If mediation is unsuccessful or arbitration cannot be agreed upon, grandparents may need to turn to the courts to secure their right to contact. This process typically involves two key steps:

1. Permission to Apply: Grandparents must first seek the court’s permission to make an application for contact. During this stage, they must demonstrate an ongoing and meaningful relationship with their grandchildren that benefits the child. The child’s parents have the right to raise objections, which the court will consider before granting permission.
2. Applying for a Child Arrangements Order: If permission is granted, grandparents can then apply for a Child Arrangements Order to formalise contact with their grandchildren. If the parents contest this, the case may proceed to a final contested hearing.

At the final hearing, the court will consider evidence from all parties, including recommendations from CAFCASS (Children and Family Court Advisory and Support Service), which conducts detailed assessments to determine the child’s best interests. Based on this evidence, the court will make a binding decision regarding contact arrangements.

Supporting grandparents through the process

The journey to maintaining or restoring contact with grandchildren can be emotionally and legally complex. However, the Family Courts recognise the irreplaceable role that grandparents play in a child’s life. While legal processes may seem daunting, grandparents who act in the best interests of their grandchildren often find their efforts rewarded.

If you’re a grandparent facing these challenges, it’s important to seek legal advice tailored to your circumstances.