Grandparents rights to see grandchildren after divorce

Few relationships are as special as the bond between grandparents and grandchildren. However, family disputes, especially after a separation, can jeopardise these connections. Whilst Grandparents do not have an automatic right to see their grandchildren, steps can be taken to maintain these important relationships.

First steps

In the first instance, you should discuss matters with the parents to try and agree on what arrangements are in the child’s best interests. If communication with the parents breaks down or if contact with your grandchildren is withheld, you may wish to attend mediation.

Mediation is a platform to negotiate, facilitated by an independent mediator, whose job it is to try and enable effective negotiations. Mediation offers a chance to resolve conflicts without the need for legal action.

According to the Family Mediation Council, mediation is successful in achieving a complete or partial agreement in over 70% of cases. Here are some reasons it might not be successful:

• If it transpires that mediation is not suitable
• Mediation does not take place for any reason
• Mediation starts but subsequently breaks down

If mediation is unsuccessful or deemed unsuitable, grandparents can ask the Court for permission to apply to spend time with their grandchildren. This requires the mediator to provide a mediation certificate so that an application for a child arrangements order can be made.

Grandparent court order applications

Applying to Court to see your grandchildren may feel overwhelming, but it may sometimes be necessary if all other courses of action are unsuccessful.

If choosing to take legal action, it is important for grandparents to seek legal advice as soon as possible after a family dispute as delays in filing an application can make it harder to prove the importance of an ongoing relationship, especially with very young grandchildren.

Grandparents must obtain permission from the Court to apply for contact Under the Children Act 1989. They must demonstrate the value of the relationship and that maintaining this bond is in their grandchild’s best interests.

If permission is granted, the court will proceed to consider the application for contact. As with all applications relating to children, the court’s main consideration will be what is in the child’s best interests. Other considerations include:

• the relationship that the child has with their grandparent(s),
• whether it is in the child’s best interests for the contact to be maintained,
• and the effect of that contact upon the rest of the family.

If it is decided that contact is in the child’s best interests, the final arrangements will be recorded in a Child Arrangements Order which usually remains in place until the child attains the age of 16.

Generally speaking, courts recognise the valuable contributions that grandparents make to children’s lives, but they must also take into consideration any adverse effect an application can have on children if there is hostility between the grandparents and the parent the children are living with.

The outcome of an application for a child arrangements order can depend on the evidence presented to the court, so having experienced family lawyers to assist you can be hugely beneficial.

There are four other forms of court order that can apply in cases where the child’s living conditions are being challenged:

• Special guardianship orders are used to become the child’s primary caregiver if the child cannot live with their parents. If granted, this affords grandparents parental responsibility and grants the right to exercise this above others with parental responsibility.
• Child arrangements order – if a Child Arrangements Order states that the grandchildren live with their grandparent(s), this will also confer parental responsibility upon grandparents though only for the duration of the “live with order”.
• Kinship foster care orders are used to become a child’s official foster carer.
• Adoption orders are for officially adopting the child.

What if a child arrangements order is ignored?

If an order is made confirming your grandchildren should spend time with you and the parent withholds contact contrary to the order, this will be a breach and could amount to contempt of Court. You may need to return to court to enforce the order, though having experienced legal support within the original proceedings can ease the process and limit any issues arising in the future.