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For many children, grandparents are a constant and reassuring presence, often providing an important support network.
However, when a family goes through separation or divorce, grandparents can suddenly find themselves cut off from grandchildren they have helped to raise.
It comes as a surprise to many that grandparents in England and Wales have no automatic right to see their grandchildren.
Unless a court order says otherwise, a parent with parental responsibility is entitled to decide who their child spends time with.
The route to court
Where informal conversation and family mediation do not resolve matters, grandparents are able to apply to court for a child arrangements order.
However, in most cases they must first obtain the court’s permission, known as leave, before that application can proceed.
This additional step exists to filter out applications that are clearly not in a child’s best interests, but obtaining leave is not intended to be an obstacle for grandparents with a genuine, established relationship with a child.
In practice, courts grant permission in the great majority of cases, but before any court application, grandparents should attend a Mediation Information and Assessment Meeting, unless an exemption applies, for example where domestic abuse is a factor.
What the court will consider
If an application from a grandparent proceeds, the child’s welfare is the court’s paramount consideration under the Children Act 1989.
The court will weigh factors, including the child’s own wishes and feelings, the nature of the existing relationship with the grandparents and the likely effect on the child of any change to their arrangements.
A well-established, positive relationship between grandparent and grandchild is generally viewed favourably and an application is far more likely to succeed where a grandparent can clearly evidence the role they have played in the child’s life to date.
What a child arrangements order can cover
A child arrangements order is not limited to a simple yes or no on contact and is, instead, tailored to reflect what is realistic and beneficial for the family concerned, covering:
- Regular in-person contact, such as weekend visits or overnight stays.
- School holiday and special occasion arrangements, including birthdays and religious or cultural celebrations.
- Indirect contact, such as phone calls, video calls or letters, where in-person contact is not appropriate or possible.
- Special guardianship, in the more limited circumstances where a grandparent is taking on a caring role for a child.
Taking the first step
Court proceedings should always be a last resort, as it can be stressful, acrimonious and a long, costly process.
Many grandparents are able to rebuild contact through calm, direct conversation with the parents involved or through family mediation, without the need for a formal application.
In any case, early legal advice helps grandparents understand whether they are likely to need the court’s permission, what evidence will support their case and how to approach the process in a way that keeps the focus on the child’s wellbeing rather than the wider family conflict.
If you are a grandparent who has lost contact with your grandchildren or you would like advice on your position before approaching the family involved, our family team can talk you through your options. Please get in touch for a confidential conversation.
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