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Grandparents Rights
Grandparents Rights Explained
If your grown up children are divorcing or separating from their partner, it can be heartbreaking to watch the fallout. Worse still, precious contact with your grandchildren may reduce or stop perhaps due to hostility between the separating couple. If this is happening to you, court proceedings should be the last resort because they can be lengthy, expensive and can increase the conflict and the hostility between the parent(s) and grandparents.
If you are grandparents who are considering issuing court proceedings, do consider exploring all options first, such as talking to both parents or writing a carefully worded email to them or inviting them to family mediation. Before court proceedings can be issued, attendance at a Mediation Information and Assessment Meeting (MIAM) is required, unless a specific exemption applies in the particular case. In mediation, the mediator is neutral and their role is to assist the parties to identify a solution, without the need for court proceedings.
The Way Forward
Most grandparents need to obtain the court’s permission to make an application to the family court to spend time with their grandchildren. They do not have an automatic right to apply for contact because they do not have parental responsibility for their grandchildren. However, a grandparent may be automatically entitled to apply for a child arrangement order if the child has lived with them for a period of at least one year immediately preceding the application, or for a period of at least three years (for more details, see section 10 of the Children Act 1989).
At every hearing, the top priority for the judge will be the child’s welfare. If the child is old enough, they may be invited to speak privately to the judge, who will listen to their view about their relationship with their grandparents. The parent(s) may resist the application, therefore success is by no means guaranteed.
Grandparents Plus is a registered national charity which has been established to support grandparents who have lost contact or are looking after their grandchildren on a full-time basis. Grandparents can email or call 0300 123 7015 for support and advice.
