A quick note before I start, whilst I generally refer to grandparents in this article, similar guidance applies to aunts, uncles and members of the wider family, that are not the children’s parents. I have been instructed on many occasions by grandparents who are seeking contact with their grandchildren after a parental break up.
Grandparents are generally prevented from seeing their grandchildren due to a breakdown in the relationship between the grandparent and the parent. Which raises the question, should adult issues have an impact upon a child’s right to a relationship with their extended family?
In this article I’m offering a little insight into the process we follow, and the provisions made by the law to enable a grandparent to apply to the Court for an Order to see their grandchildren.
What rights do grandparents have under UK law?
Firstly, grandparents and family members need to know that they have no automatic right to make an application to the Court for access to a grandchild. This right is limited to the parents of the child and in certain limited circumstances, third parties who may have a Court Order that the child should reside with them.
Contact arrangements, mediation & applications to Court
As such, whenever I am consulted by a grandparent, my first step is to try to contact the parent/s to seek an agreement for the child to see their grandparent.
If this communication isn’t successful, then I will look to make a referral to mediation, in the hope that a Family Law mediator can assist with some form of reconciliation and reaching agreement.
If mediation is not successful, then we apply to Court. However, as I mentioned above, non-parents do not have a right to simply proceed with an application to Court for a Child Arrangements Order. Instead, non-parents must firstly seek the permission of the Court to be allowed to bring that application.
What will a family Court consider?
When considering whether a grandparent should be granted permission to bring an application to the Court, the Court will consider the following:
- The nature of your application – what is the reason behind your application and how has the situation arisen?
- The non-parent’s connection with the child – grandparents obviously have a close familial connection with their grandchildren. However, it may be the case that your relationship with the child has been limited or non-existent. If you have always enjoyed a close relationship with your grandchild, then this will be taken into consideration as the Court makes their decision.
- Any risk to the child – if there is a risk that your application may disrupt the child’s life or cause them harm then the Courts will prioritise their duty to recognise that a child’s relationship with their parents has to be of more importance than the one they have with extended family. If there are extreme difficulties between the parents, then the Courts will have to consider whether the child having contact with their grandparent will cause further problems.
Applications for children to reside with grandparents
I have also acted for grandparents seeking for their grandchildren to reside with them. These situations are unusual and are normally borne from parents presenting a risk to the children or, sadly, a parent passing away.
We find that in those scenarios, the child is usually already living with their grandparents and the grandparents are simply looking to formalise things and ensure that they have Parental Responsibility for the child. The same provisions apply as above, in that the permission of the Court has to be sought first, but in these unusual situations, the issue of permission being granted is normally a formality.
Action grandparents can take
If you are a grandparent who’s seeking to have contact with your grandchildren, you should call our offices and arrange an appointment with Tom or one of his Family Law specialist colleagues. They will discuss your situation and explain how they can help grandparents get to grips with where they stand.
For a free confidential chat with Tom or one of our specialist, friendly and discreet Family Law solicitors, you can call us on 0151 282 1700. You can also request a call back at your convenience or message us with your enquiry.