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