Unfortunately, arrangements for contact between grandparents and grandchildren can be adversely affected for various reasons, particularly when their own children are facing challenges. This article provides a basic understanding of family law concerning the maintenance of contact with grandchildren.
At the outset, it is important to note that grandparents do not have an automatic or legal right to see their grandchildren or to have regular contact with them. If you are concerned about maintaining contact with your much-loved grandchildren after a family breakup, you may first want to express to their parents how much you miss seeing them. Additionally, seeking legal advice can help clarify your position. Every family law case is unique, and a family law solicitor can provide guidance tailored to your specific circumstances.
Reasons Why Grandparents May Be Excluded
There are various reasons why grandparents might be excluded from regular contact with their grandchildren, including:
- Divorce or separation of a parent or grandparent
- Marriage, remarriage, or new relationships of one of the parents
- Arguments between a grandparent and the child’s parent
- Differences in beliefs, cultures, or child-rearing practices
- Illness, economic problems, work commitments, or relocation abroad or far away from the family
However, the most common reason for grandparents losing contact with their grandchildren is the separation or divorce of the parents. In such situations, disputes can become particularly challenging, and people previously considered family may begin to act in ways that prevent access to the children. Unfortunately, many separating parents, embittered by their split, may use access to the children as leverage in a prolonged divorce process. This situation can be distressing not only for the grandparents but also for the grandchildren.
Using Mediation to Resolve Disputes
If a grandparent feels that their right to contact their grandchild is being ignored or overridden, they may wish to resolve the issue as amicably as possible. Mediation is often a quicker and more cost-effective way of resolving disputes than going to court, and it is strongly encouraged for family-related conflicts. Mediation allows all parties to have their say in a neutral setting and can lead to a positive outcome. This process can be carried out face-to-face or via online sessions.
A trained family mediator can guide the conversation toward a workable solution. Once an agreement is reached, it can be formalised into a legally binding document.
Applications by Grandparents under the Children Act 1989
As there is no automatic right for grandparents to see their grandchildren, a court order is required to compel a parent to allow contact. Therefore, if an agreement cannot be reached through mediation or direct discussions, a family court judge can decide on the matter.
Under Section 8 of the Children Act 1989, grandparents can apply to the family court for an order. To do so, they need to complete the C100 form and pay the relevant fee. It is important to gather as much evidence as possible regarding the relationship between the grandparent and the grandchild to support the application.
What the Court Considers
The Family Court will always prioritise the best interests of the child over the interests of any other party. However, it is generally recognised that maintaining relationships with grandparents and extended family members can benefit a child. The court will consider various factors, including the child’s wishes, the nature of the relationship between the grandparent and the child, any history of abuse or neglect, and practical concerns such as travel costs or availability.
The aim of any court order is to ensure the best outcome for the child and to protect them from physical or emotional harm. A welfare officer will be appointed to speak to all parties involved and produce a report, after which there will be a short court hearing. Provided there is no history of abuse, violence, or neglect, and it is deemed to be in the child’s best interests, the judge is likely to recommend allowing contact between the grandparents and their grandchild.
Types of Orders the Court May Grant
The Family Court has the authority to issue various orders, and a family law solicitor can advise on the most appropriate order to apply for. The most common order is a Child Arrangement Order, though in some cases, the court may issue a Special Guardianship Order, Kinship Foster Care Order, or even an order for Adoption.
Conclusion
The relationship between grandparents and grandchildren can be greatly affected by a family breakup, and grandparents may feel alienated or denied contact with their grandchildren. However, there are several options for maintaining contact. Mediation is typically the first step in resolving disputes, but in some cases, the court may issue specific orders. In all cases, the primary focus will be the best interests of the child.
If you or someone you know wants more information or needs help or advice, please contact us on 020 3858 8020 or email [email protected].