Grandparents are so often involved in a child’s life that is heartbreaking when contact stops after break up, family argument or safeguarding issue. So why do so few grandparents in England and Wales have an automatic legal right to see their grandchildren?
Do grandparents have “rights”?
In legal terms, grandparents do not have an automatic right to contact. Where the law steps in there is a focus on welfare of the child. Having said that, it is recognised by the courts that having a good relationship with grandparents can be beneficial to stability and mental health of the child in many instances.
What can grandparents apply for?
Most use is seen in a Child Arrangements Order. This is a court order, it can be written to contain:
How spending time with a child occurs (grandparents, etc)
The means of contact (physical, phone Calls, video calls or letters)
How to manage handovers/support handover, holiday times and also special occasions.
Grandparents generally must have leave of the Court before they can apply. For more information from Family Law Solicitors Gloucester, visit https://deeandgriffin.co.uk/personal-legal-services/family-law-solicitors/gloucester
In other cases, grandparents might be contemplating the following:
Mediation first is usually quicker and less stressful than court.
How does the court decide?
The paramount concern of the court is always the welfare of a child. Courts tend to not make their decisions based on what seems “fair” to adults, but instead judge with consideration to the needs of the child, based upon factors like:
Child needs (emotional, academic and physical)
The person the child would like to spend time with (usually an adult)
The wishes and feelings of any other relevant person.
Relationships between grandparents and grandchildren are very important and will be encouraged unless there are issues in terms of safeguarding or the likelihood of inter adult conflict.
The court will also have regard to the potential dislocation in the child’s life resulting from granting the application if the relationship is new or non-existent, and therefore requesting permission will be more difficult – although it can still occur.
A practical first step
Keep communication, if possible, in writing and remain calm from a child focus perspective. Courts generally look kindly on adults who attempt to address matters by calming down disputes and not ramping them up.
Where you are thinking about making an application, receiving legal advice in the early stages should help to provide some direction as to what options there might be for permission and anticipated outcomes along with a child focussed approach on how contact can potentially start again.
