Grandparents often play an important role in children’s lives, providing love, stability and support. When family relationships break down, however, particularly following separation or divorce, grandparents can sometimes find themselves unable to spend time with their grandchildren.
This can be upsetting for everyone involved, especially where a close relationship has already been established. So, what rights do grandparents have, and what steps can they take if contact is being prevented?
Do Grandparents have an Automatic Right to Contact?
In England and Wales, grandparents do not have an automatic legal right to spend time with their grandchildren. This is different from the position of parents who have parental responsibility.
However, the law recognises the importance of children’s relationships with their wider family, and grandparents may be able to apply to the Family Court for an Order allowing them to spend time with their grandchildren.
The Court’s primary consideration will always be the child’s welfare, rather than the wishes of the adults involved.
What Can Grandparents do if Contact is Stopped?
Where possible, the first step should be to try to resolve matters amicably with the child’s parents. Open communication may help to address misunderstandings or concerns without the need for court proceedings.
Family mediation can also be a useful option. An independent mediator can help family members discuss arrangements and explore whether an agreement can be reached.
If these approaches are unsuccessful, grandparents may wish to consider making an application to the Family Court.
Can Grandparents Apply for a Child Arrangements Order?
A Child Arrangements Order can specify when and how a child spends time with someone, including a grandparent.
Unlike most parents, grandparents do not generally have an automatic right to make this application. They will usually need to obtain the Court’s permission before applying, unless they fall within one of the exceptions set out in the Children Act 1989.
When deciding whether to grant permission, the court will consider factors including the nature of the proposed application and the grandparent’s connection with the child.
Obtaining permission does not mean that contact will automatically be ordered. It simply allows the application to proceed.
What will the Court Consider?
When determining whether contact should take place, the court will consider what arrangements are in the child’s best interests.
Relevant factors may include the child’s wishes and feelings, depending on their age and understanding, their emotional needs, any risk of harm and the nature of their existing relationship with their grandparents.
The court may also consider whether contact could be reintroduced gradually, particularly where there has been a significant period without communication.
Every family situation is different, and the court will assess the individual circumstances before making a decision.
How can Johnson Astills Help?
If you are a grandparent experiencing difficulties maintaining contact with your grandchildren, please get in touch with Johnson Astills to see how we can assist. 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 fill in our enquiry form.
