Grandparents play a vital role in most families, often being called upon to be the carer of their Grandchildren whilst the parents are at work. Although Grandparents and Grandchildren may have developed a very close relationship, sadly, Grandparents do not have an automatic right to have contact with their Grandchildren.
The Law
Only those with Parental Responsibility (this usually means the mother of the child and the father if his name is on the birth certificate) have an automatic right to see their children. Difficulties could arise upon the breakdown of a marriage/ relationship if a parent is denying Grandparents access to see the children.
What steps can I take to see my Grandchildren?
1. The first step would be to try and arrange an informal family meeting with both parents present. This would give ‘the family’ an opportunity to discuss any issues that have arisen and for you to put forward the contact arrangements you propose. If the informal ‘family meeting’ is not successful or is not suitable/appropriate in your circumstances, then you should consider option two.
2. Option two is Mediation. Mediation is more formal than that of a ‘family meeting’ with an Independent Family Mediator present who has experience in helping families reach an agreement. You can either locate a local Family Mediation Service yourself, or a Solicitor can refer you. If referred, the Mediation service will contact you and the parent(s) to arrange a Mediation Information and Assessment Meeting (MIAM). At this meeting, the Mediator will encourage communication and understanding between you all whilst trying to help you reach an agreement amicably. The Mediator will not tell you or the parents what to do; they are simply there to try and facilitate an agreement. If you are unable to reach an agreement at Mediation or the parent(s) do not attend, then the Mediator will complete and sign a section of the Court application form which is ‘your ticket’ to issue an application at Court unless exempt from mediation. You are only exempt from mediation in exceptional circumstances such as domestic violence.
3. Option three is to issue an application at Court for a Child Arrangement Order for contact. The Court fee is £215.00. Because you do not have Parental Responsibility, you need to first obtain permission from the Court to apply for a contact order. When deciding the issue of permission, the Court will consider your connection with the child, the nature of your application for contact and whether your application might be potentially harmful to the welfare of the child. The Courts do recognise the importance of Grandparents in a child’s life, and this is usually reflected in the Court granting permission to apply for a contact order.
What does the Court consider?
When making any decisions in relation to a child, the Court’s paramount consideration is the welfare of the child having regard to the welfare checklist that takes into consideration things like the wishes and feelings of the child, the physical, emotional and education needs of the child etc.
It is for you as a Grandparent to prove that prior to the marriage/ relationship breakdown, you had an important, meaningful relationship with your Grandchild and that it is in your Grandchild’s best interest that such a relationship should continue. If one or both parents raise objections to your contact proposals, it is likely that you would have to attend a Final Hearing and give oral evidence alongside the parent(s). The Judge will then make a decision on what they think is right for the child and will only make an Order if it is better for the child compared to making no Order at all.
Should the Government consider amending the Children Act to include a child’s right to have a relationship with extended family members?
Krista Enziano is a Solicitor in the Family Department at O’Donnell Solicitors. For more information or a second opinion, please contact her at 01457 761320 or email krista@odonnellsolicitors.co.uk
