Grandparent’s right to contact with their grandchildren

Posted onSeptember 6, 2019

Contact between a grandparent and their grandchildren can stop for a whole variety of reasons, such as:

• If a grandparent has a falling out with their child, son in law, or daughter in law; or

• After a son or daughter separates from their partner. Geography and distance can be the problem but in other cases, grandparents can be blamed for taking sides during the divorce or comments made by a grandparent during a child’s separation can be taken out of context; or

• A parent wants to punish their ex-partner by not allowing his or her partner’s parents to see their grandchildren.

The family court and top London children law solicitors recognise that grandparents provide grandchildren with a lot of support, especially when parents separate and the grandchild’s life feels in turmoil. After a family separation, a grandparent can provide temporary accommodation as well as continuity and stability at a time of change. Frequently, with parent’s work commitments, grandparents provide a lot of childcare and sadly, after a marital breakdown alternative childcare arrangements can be made despite grandparents being keen to continue to provide continuity of childcare for their grandchildren.

Grandparent contact applications

If a grandparent is prevented from seeing their grandchildren, or cannot get to see them as much as they would like to, a grandparent may feel they have no alternative but to start court proceedings to get an access or contact order so their grandchildren can visit. Under the current law, the best London children law solicitors advise that grandparents do not have an automatic right to see their grandchildren or to apply for a court order. However, a grandparent can apply to the family court for permission to apply for a child arrangements order so that they can maintain a relationship with their grandchildren.

How can OTS Solicitors help?

The family and children law team at OTS Solicitors advise on all aspects of family and children law and have particular experience in advising on contact and access arrangements and representing parents and grandparents in court applications for child arrangements orders.

For advice and help in negotiating contact with grandchildren or applying to court for a child arrangements order please get in touch with us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London children law solicitors.

Agreeing grandparent contact with grandchildren

The best London children law solicitors recommend that if grandparents are able to agree on access or contact arrangements to see their grandchildren, through direct discussions or solicitor negotiations that the contact arrangements are recorded in a parenting plan. That way there is a record of what has been agreed between parents and grandparents.

Grandparents and mediation

Many grandparents assume that family mediation is restricted to mediation between separated parents. The top London children law solicitors will tell you that is not the case.

If grandparents cannot agree the contact arrangements to see a grandchild because of a falling out with their own child or their child’s partner then family mediation may help resolve communication problems and restart contact between grandparents and grandchildren.

Any agreement about grandparents contact with grandchildren reached in mediation sessions can be set out in a document called a memorandum of understanding prepared by the family mediator.

If a parent is not willing to mediate about grandparent contact with grandchildren or agreement cannot be reached then a grandparent has the option of applying to court for permission to apply for a child arrangements order so they can have contact with their grandchildren.

Grandparents and applying for a contact or child arrangements order

The parents of a child or people with parental responsibility for a child can apply to court for an order for access or contact with a child. This type of court order is now called a child arrangements order. The advice from the top London children law solicitors is that a child arrangements order sets out the time a child should spend with parents, and in appropriate cases, with grandparents or other important family extended family members such as adult siblings, half siblings or uncles and aunts.

A grandparent cannot apply for a child arrangements order without first applying to court for permission to apply for the court order. This permission application is normally granted by a court unless there are very unusual circumstances surrounding the application for permission to apply for a child arrangements order.

The best London children law solicitors advise that when considering an application for permission to apply for a child arrangements order the family judge will consider:

The applicants connection with the child (how close are the grandparents to the grandchild); and
The nature of the court application; and
Whether the court application might be potentially harmful to the child's well-being in any way.

Although it is usual for a Court to give permission for a grandparent to apply for a child arrangements order the best London children law solicitors recommend that grandparents take legal advice before applying for permission to apply for a court order. That is because sometimes intervention and negotiations by a London children law solicitor can avoid the need for a court case.

There are some cases where a grandparent may not get permission to apply for a child arrangements order. For example:

The case of separated parents who have agreed roughly equal parenting arrangements. The paternal grandparents want their daughter in law to agree to them having contact with the grandchildren every week. As the grandparents have a good relationship with their son, the court may think that permission to apply for a child arrangements order is not necessary as the grandparents can see the grandchildren during their son’s time with the children. That example does not always mean a grandparent will not get permission to apply for a child arrangements order; for example, grandparents might want to continue the daily childcare they provided before the parents decided to split up and has stopped for petty reasons; or
The case of parents who cannot agree on who looks after the children and both want to be the main carer. If grandparents have a good relationship with their son or daughter and will see the grandchildren when the children are with the mother or father then there is probably no need for the grandparent to apply for permission to apply for a child arrangements order or apply to be joined into the parent’s court proceedings. If necessary, the grandparents could be a witness for their son or daughter.

As no families circumstances are the same, it is always sensible to get specialist legal advice from a top London children law solicitor before applying for permission to apply for a child arrangements order.

Grandparent contact

If a grandparent gets permission to apply for a child arrangements order the grandparent can ask the family court for a child arrangements order for regular contact to see a grandchild. Alternatively, the grandparents can ask for a contact order to cover a one off special holiday or the grandchildren’s attendance at a significant event, for example, a 70-birthday party or golden wedding anniversary celebration.

Whether it is a parent or a grandparent applying for a child arrangements order the court has to consider whether the child arrangements order and contact is in the child’s best interests. The best London children law solicitors advise that the court must follow the same court procedure and checklist, whether the application is by a parent, grandparent or other family member.

How does the court decide on grandparent contact?

When a court is deciding any question relating to a child, the child’s welfare is the court’s paramount consideration. The court also has to consider a set checklist of factors when making orders relating to a child.

A court will make a decision based on what a judge thinks is best for a child. That decision takes the control away from the family and leaves it in the hands of a judge. For that reason, the best London children law solicitors encourage grandparents and family members to negotiate an agreement over parenting and contact arrangements. Taking early specialist legal advice from a London children law solicitor helps grandparents understand their options and the potential outcome of a court application.

What is the court procedure when applying for contact with a grandchild?

There is no such thing as a typical children court case. That is because the family judge decides how each court application is dealt with, including the number of court hearings, whether statements of evidence should be filed and whether experts should prepare reports. No steps in a children law court case can generally be taken without the court’s approval. The number of court hearings and the time taken to resolve the child arrangements order application will depend on the sorts of allegations that are made and the complexity of the issues.

How can OTS Solicitors help?

OTS Solicitors advise on all aspects of family and children law and have particular experience in helping parents and grandparents agree parenting plans and negotiate contact arrangements.

OTS Solicitors provide specialist divorce, family and children law advice. For advice and help on grandparent contact with grandchildren and representation in child arrangements order court proceedings please get in touch with us on 0203 959 9123 to arrange an appointment to speak to one of our experienced family and children law solicitors.