Grandparents’ Contact

The Family Courts recognise the huge role grandparents have and the contributions that they make to family life. Over recent years the profile of grandparents has been raised tremendously with organisations, such as the Grandparents Association, highlighting the asset grandparents are to the family. 

Likewise the Courts have come to recognise that grandparents are an essential part of a child’s life, often providing care for the children whilst the parents go to work. However, in a number of cases, grandparents are being deprived of the relationship when they are not being allowed to have contact with their grandchildren. This is typically due to the grandparent’s relationship with their own child breaking down and they are then denied contact as a grandparent.

Contact arrangements for Grandparents

If you find yourself in this situation what can you do?

Unfortunately, there is no automatic right to make an immediate contact application to Court as a grandparent. Therefore, first and foremost, you must open the lines of communication with your son/daughter in the hope that contact can be arranged by agreement.

If that does not happen, then the next step is to make a referral to mediation. You can choose between a solicitor mediator or a fully trained (but not necessarily legally qualified) mediator at a not for profit organisation.

If mediation does not work (for example because your son/daughter will not attend), you will be issued with a certificate by the mediator to show that you have tried that course of dispute resolution.

The next step is for you to apply to the Court for permission to apply for a Child Arrangements Order, permitting you to have contact with your grandchildren. The Court will consider the application for permission on its merits.

In deciding whether to grant permission, the Court will look at the nature of the application, your connection with the child and any risk that the application would disrupt the child’s life, to the extent that the child would be harmed by it.

If the child is in Local Authority care then the Court would also consider the Local Authority’s plans for the child and the wishes and feelings of the child’s parents.

If permission is granted and your application does go to Court, the Judge will always be concerned with what is in the overall best interests of the children. Hopefully this will mean a Child Arrangements Order for contact, providing them with the chance to stay in touch with you.

Each case will be considered on its own facts. If you require any specific advice then please contact one of our family law solicitors.