Grandparents bring so many important qualities to a relationship with their grandchildren, the value of which should not be underestimated. However, grandparents’ rights are often over-looked when a relationship ends, leaving them to face the heartbreak of losing contact with their loved ones.
Sadly, up to a million grandparents lose contact with their grandchildren every year, mostly due to family breakdowns, and whilst most people expect grandparents to have the legal rights to see their grandchildren, those rights are in fact limited.
However, the courts will look at granting permission for grandparents to apply for a Contact Order, formally known as a Child Arrangements Order, considering the following:
the grandparents connection with the child
the nature of the application for contact
whether the application could be potentially harmful to the child’s well-being
If successful, you can apply for a Child Arrangements Order through the court to gain access to a relationship with your grandchildren.
If one, or both parents raise objections, it is likely you will have to have to attend a full hearing in which both parties can put forward their evidence – you will need to persuade the court that you have a meaningful and on-going relationship with your grandchildren, which significantly benefits their lives – therefore it is imperative that excellent legal advice is sought.
The court will always consider all the child’s circumstances first and must only make an order where they consider it better for the child than making no order at all.
For example, they might have to weigh up whether your continuing contact with the child might have a negative impact on the rest of the family relationships; again it is only in extreme circumstance that a court will refuse a Child Arrangements Order.
Contact us here for further guidance.