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The Rights of Grandparents - Seeing Grandchildren After Parents Separate

on Tuesday, 16 November 2021.

Almost two thirds of all grandparents look after their grandchildren regularly, however under the current law grandparents do not have the automatic right to see their grandchildren.

This article looks at the steps grandparents can take should a family dispute arise.

The Changing Role of the Grandparent

Changes in family life and working patterns have meant that in recent years many grandparents are taking on different roles and providing regular childcare. The cost of childcare has particularly pushed many families into this direction as parents rely on the informal care arrangements that their retired parents can offer.

However, family disputes or the separation of parents can mean that suddenly some grandparents are no longer able to see their grandchildren. Research has shown that when parents separate, around 42% of grandparents lose contact with their grandchildren.

What Can I Do If I Lose Contact With My Grandchildren?

  • Take advice - If direct discussions to resolve the issue within the family have not been successful, it would be sensible to take early advice from a family solicitor.
  • Mediation - A first step will be to make contact with the parents of the grandchild to set out proposals for reinstating your time with the grandchildren. Grandparents should also offer to attend mediation where you and the parents can discuss the issues with an experienced and independent family mediator.
  • Make an application to the court - If out of court approaches are not successful you can consider making an application to the court for a Child Arrangements Order (CAO) where a judge will confirm if and when the child will spend time with you. The determination of the court will be binding.

How Do I Apply for a Child Arrangements Order?

As grandparents do not have Parental Responsibility, they do not have an automatic right to apply for a CAO. This means the grandparent will need to seek the court's permission to apply for a CAO. When making their decision the court will consider:

  • the nature of the proposed application
  • the grandparents' connection with the child
  • any risk of disrupting the child's life or causing harm
  • if the local authority is involved, the court will consider their plans for the child's future and the wishes and feelings of the child's parents

If successful, the grandparents will then be able to make the CAO application in the usual way. The overriding consideration will be what is in the best interests of the child/ren and the court will consider the Welfare Checklist.

The success of a case is very much fact specific. The court often recognises the invaluable role they play in their grandchildren's lives.

What If My Child Is Making an Application to See My Grandchild?

If the parent of the grandchild is also making an application for a Child Arrangements Order (such as the grandparent's son), in most circumstances those grandparents are unlikely to succeed in obtaining permission from the court. This is because the Court will consider it a duplication of the parent's application as there is no reason why the grandparents cannot see the grandchildren at the same time as the parent making the application.


If you need help with re-instating contact with your grandchildren and would like to discuss this with a specialist, please contact Samantha Hickman in our Family Law team on 07464 544828, or please complete the form below.

 

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