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There’s an adage that many people prefer being a grandparent to being a parent, enjoying their time with grandchildren and spoiling them before handing them back to their parents. However, many grandparents also play a crucial role in their grandchildren’s upbringing, particularly in terms of childcare, forming an even closer bond with them. And it’s a sad and often unrecognised result of relationship breakdown when children lose time or even all contact with such close family members. So, what are the grandparents’ rights to see grandchildren?
Grandparents’ rights to see grandchildren
As a grandparent, it’s often surprising to discover that you have no automatic right to see or spend time with your grandchildren. Also, grandparents cannot apply to the Court for a Parental Responsibility Order. However, they acquire parental responsibility if the Court makes a Child Arrangement Order in their favour. But that only usually happens if grandchildren come to live with them.
See also: Who has parental responsibility for a child?
However, whilst you do not have a legal right to see your grandchildren, the children’s parents do (as long as they have parental responsibility). Not being overly drawn into whatever your child and their partner are going through might be crucial to ensuring they do not stand in the way of continued contact with grandchildren. Of course, that’s often easier said than done.
Next steps if contact is refused
Sometimes, a letter from a solicitor to the parent(s) might help. When writing to parents in this situation, it’s crucial the letter is not seen as threatening or challenging to their authority as parents. Instead, we might suggest a compromise or raise the possibility of mediation. (Remember, before formally applying to the Court, the Court expects the parties to have exhausted other dispute resolution options.) The solicitor’s letter underlines the importance you place on continued contact and focuses on constructive ways of achieving that.
If agreement proves possible, we always encourage the parties to confirm the arrangement in writing with everyone to have a copy. Keeping the matter informal and away from the Court can help keep relationships cordial.
Failing that, mediation is more informal and cost-effective than court proceedings. A mediator is a trained independent person who works with the parties to attempt to reach agreement. Mediation is not binding. But as with informal negotiations, mediators encourage parties to put the terms of any agreement in writing.
Grandparents apply to the Court for contact
Going to Court will be the last thing you want to do, but it might be the only remaining option. However, as a grandparent, there’s an additional hurdle to clear as you must first apply for the Court’s permission to make an application. The exception is if the children have lived with you for at least one year immediately preceding the application – in most cases, unlikely.
As you would expect, the Court prioritises the children’s welfare. Accordingly, among the factors considered in deciding whether to allow an application is:
- the nature of your proposed application;
- your connection with the children; and
- whether there’s any risk of your proposed application disrupting the children’s lives to the extent they would be harmed by it.
If your application for permission is successful, you can apply to the Court for an Order to spend time with the children. If either or both parents object, you will likely have to attend a full hearing where all parties present their evidence. Good legal advice and representation is crucial because you must persuade the Court that you have:
- a meaningful and on-going relationship with your grandchildren,
- which significantly benefits their lives.
The Court always considers the children’s circumstances and only makes an order where the judge considers it better for them than making no order. However, in practice, most well-presented applications for access to grandchildren succeed.
Grandparents’ rights to see grandchildren: Court application form
I would strongly caution any grandparent to take legal advice before applying for contact with grandchildren. The process and the tests applied by the Court are complex, and there’s plenty of scope for getting it wrong. Indeed, just glancing through the C100 application form underlines the complexity involved.
Contact me on 01793 615011 for an initial discussion or submit the Contact Form below. Once I know more about the circumstances, I can give you my initial thoughts on your prospects of success. I can also provide you with an estimate of the likely costs involved.