Rights of Grandparents

A relationship breakdown is the most common reason for grandparents not being able to see their grandchildren.

What rights do grandparents have when it comes to their grandchildren?

Grandparents do not have automatic rights to spend time with their grandchildren, or an automatic right to make an application to Court. However, grandparents can apply for leave (‘the Court’s permission’) to make an application for a Child Arrangements Order to spend time with their grandchildren, or in some circumstances where appropriate for their grandchildren to live with them.

If a parent refuses to allow grandparents to see their grandchildren, what steps can be taken to resolve this?

Grandparents should seek legal advice as to their options. For example, a solicitor could contact the parent or their legal representative to try to resolve matters and reach an agreement. Alternatively, grandparents could consider referring the matter to mediation in order to try reach an agreement. The Court will always expect parties to try to resolve matters outside of Court proceedings.

How can mediation help disputes between parents and grandparents?

Mediation allows all parties to discuss the current issues and reach an agreement outside of the Court process. This process allows parties to deal with past concerns and provides a safe place for individuals to discuss their views. An agreement reached together through mediation may well have a far greater level of success in the long run rather than a court enforced arrangement.

Parties are required to attend a MIAM (Mediation Information and Assessment Meeting) unless an exemption applies before making any application to Court. The mediator will also discuss other “Non-Court Dispute Resolution” (NCDR) options to consider so that court proceedings can be avoided if possible. If mediation does not proceed or is not successful, the mediator will provide the necessary signed form for an application to proceed to Court.

If one of the parents has been denied contact with the child, can the grandparents still apply to the court to see the child?

Yes. The Court will be looking at the relationship of the grandparents separately from a parent who does not spend time with their children. However, if there is a conflicting application, spending time with the parent will usually take priority. It is important to take specialist legal advice to determine whether making such an application would be a help or a hindrance to the parent who is not currently seeing the children, and indeed the chances of an application being successful.

What does the Court take into account when considering an application from grandparents to see their grandchild?

If the application proceeds, the Court will use the welfare checklist (section 1 of the Children Act 1989) to determine what Order should be made, the same as an application by a parent. The checklist includes – the wishes of the child, the child’s physical, emotional and educational needs and any harm suffered by the child. Where a child does not have a link with their maternal or paternal family through a parent, this will be an important factor for the Court to consider under the welfare checklist.

Further information for grandparents can be found on the Resolution or the Cafcass.

How can we help at Ellisons?

We offer a free exploratory call, so that we can discuss your needs and look to match your specific circumstances with the right specialist family lawyer in our team.