Grandparents’ rights can be 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 be able to still see their grandchildren, in England and Wales, they do not have an automatic legal right.
As an initial step, Grandparents could try to secure contact with their grandchildren through an informal agreement with the child’s parents or carers.
If that isn’t possible, the courts will look at granting permission for grandparents to apply for a Child Arrangements Order, considering the following:
- the grandparent’s connection with the child
- the nature of the application for contact
- whether the application could be potentially harmful to the child’s well-being
Note – the court will only accept an application if a mediation has been sought and attended prior to this step.
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 important that legal advice is sought.
The court will always consider 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.
