It has been estimated that around one million children in Britain are denied contact with their grandparents. The reasons vary but include family disputes or grandparents being shut out after divorce or separation.
This is partly a reflection of the position that grandparents do not have automatic rights to have contact with their grandchildren. Nevertheless, family courts do recognise that grandparents can play an important role in the lives of their grandchildren. Clearly, it would be preferable to reach an agreement with the parents or carers of the children wherever possible. However, if an agreement is not possible, then grandparents can, in some instances, make an application to the court. Before the application, the grandparents will usually be expected to attend mediation unless exempt because, for example, domestic violence is involved.
Child Arrangement Orders
Grandparents can make an application to the court for an order deciding where a child is to live; who a child is to spend time with and when; and what types of communication, such as face-to-face contact or phone calls, should take place.
Generally speaking, only people with parental responsibility can make an application to court. Grandparents do not automatically have parental responsibility but can apply for permission to apply for an order. The courts will give consideration to factors such as the applicant's connection with the child; the nature of the application for contact; whether the application might be potentially harmful to child's well-being in any way; and the views of the parents. Each case will be considered on its merits based on what is in the child's best interests and a decision made as to whether permission can be granted for the grandparents to make an application.
If successful, an application can then be made for an arrangement order. If the parents raise objections, then it will probably be necessary to attend a full hearing with both sets of parties. The grandparents will be expected to persuade the court of their meaningful relationship with the grandchild or grandchildren, which significantly benefits their lives.
Having considered all the circumstances, the court will only make an order where they believe it better for the child to make an order compared to making no order.
Future Developments
Last May, the issue of access for grandparents to their grandchildren was debated in Parliament, and there have been calls to amend the Children Act 1989 to include a child's right to have a close relationship with members of their extended family. The issue is due to be discussed again at Grandparents' Action Day in Westminster on 4th September. It may be the case that the law will include favourable developments in respect of grandparents’ rights in the future.
Contact our Specialist Family Lawyers in London, Surrey and Middlesex
If you are a grandparent experiencing estrangement from grandchildren and need help with access to your grandchildren, speak to our expert family law solicitors today on 020 8890 2836 or contact via our online enquiry form.
