The Rights of Grandparents

Grandparents often play an important role in the lives of their grandchildren. However, in England and Wales, grandparents do not automatically have a right to see them.

This can be especially distressing if you are going from seeing your grandchildren all the time to suddenly not at all. This can often be the case when the parents split up acrimoniously. Alternatively, it occurs where one parent has sadly passed away or even is in prison.

So what options are available to you if you have found yourself distanced from your grandchildren?

Discussion:

The first step is to discuss how you feel with the parents of your grandchildren. Even if a relationship or marriage has broken down, you can still reach out to the parents. Ensure you keep all communication polite and respectful. Remember, this is about your grandchildren, not about keeping score with your ex-in-laws.

Mediation: 

It is a prerequisite that applicants need to attend a Mediation Information & Assessment Meeting (MIAM)  before they can make an application to the Court. Even if direct communication hasn’t been successful, it may even be that, with the help of the mediator, you and the parents are able to reach an agreement as to your time with the grandchildren.

If mediation is unsuccessful, the next step is to make an application to the Court.

Applying for a Child Arrangements Order: 

Generally, before you can make an application to the Court, grandparents must obtain permission from the Court. This is done by ticking the correct box on the C100 application. Afterwards, you must provide details about why permission is being sought.

When deciding whether to grant permission, the court will consider the factors set out in section 10(9) of the Children Act 1989

1. the application being sought for the section 8 order; (for example the order that has been requested and why)
2. the applicant’s connection with the child;
3. any risk there might be of that proposed application disrupting the child’s life to such an extent that he or she would be harmed by it; and

They will also consider the welfare of the children.

Once permission is granted

The Court then need to consider if an order should be made in the terms requested by the grandparents. When making this decision, the Court will consider a range of factors including

• The wishes of the children,
• The wishes of the parents,
• The wishes of the grandparents.

The overriding concern always being the welfare of the child and the “Welfare Checklist” which is set out at Section 1 of the Children Act 1989.

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
2. Physical, emotional and educational needs;
3. The likely effect on them of any change in their circumstances;
4. Age, sex, background and any characteristics which the court considers relevant;
5. Any harm which they have suffered or is at risk of suffering;
6. How capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs;
7. The range of powers available to the court under this Act in the proceedings in question.

The ‘No Order’ Principle

The court must consider whether the making of an order is better for the child compared to making no order. For example, if the grandparents are alleged to have abused the child, and these are proved, the judge may make No Order.

The court can also make whatever order they think is in the children’s best interests. This, for example, could mean making an order, but it not being in the exact terms the grandparents were hoping.

How can grandparents strengthen their case?

1. The court is concerned with how contact will benefit the children, not on why the grandparents want contact. This should be the basis of any application.
2. The court will want to see evidence of the role the grandparents have previously played/ plan to play, in the children’s lives. You can create a timeline with evidence such as photos or screenshots of messages.

How can we help?

If you find yourself in this situation, seeking early legal advice can help you understand your options and approach matters in the most constructive way possible.

Call us on 0333 344 6302 to speak to a member of the team today, or contact us here.