When a relationship breaks down, often, this can impact grandparents contact with their grandchildren. Unfortunately, grandparents do not have an automatic legal right to spend time with their grandchildren. However, as a last resort, grandparents can apply to the family court for contact with their grandchildren.
What steps can I take to have contact with my grandchildren?
- Start with the Parents – Open a calm and non-confrontational communication with the parents to request contact with the grandchildren (including direct and indirect, through letters, cards, gifts etc.).
- Attend Mediation – If direct communication is ineffective, a professional family mediator may assist you in reaching an agreement for contact with your grandchildren. Mediation is a voluntary process and therefore, an agreement may not always be reached. Save for some instances, mediation must be attempted prior to a court application to evidence you have exhausted options and attempted to resolve matters outside of court.
Application to Court – when making your application for contact, you must first ask the court for permission (also known as leave to apply) If permission is granted, the court will then consider the application itself and decide what contact, if any, is in the children’s best interests.
Our expert Family Solicitors at Johnson Astills can advise you further on the procedure for making an application of this nature to the Family Court.
What does the court consider?
The court’s primary consideration is the welfare of the child/children. The court will make decisions based on what they deem to be in the children’s best interests. Other factors that the court may consider are as follows:-
- The history and strength of the grandparent-grandchild relationship
- The impact on the children of continuing or stopping that contact
- Any risks or safeguarding concerns
- The child’s wishes and feelings
At Johnson Astills, our Family Solicitors can advise you on your prospects of success given your individual circumstances and the evidence you have that supports your case.
If you are considering applying to the Family Court to have contact with your grandchildren, or have other questions in relation to children matters, please do not hesitate to contact the Family Team at Johnson Astills to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or complete our enquiry form.
