How to secure grandparents’ contact rights

Family separations can be a testing time for all concerned, especially for any children involved.

While support is often extended to the divorcing parties and their children, the needs and rights of grandparents can sometimes be overlooked. Despite their crucial role and strong emotional bonds with grandchildren, grandparents do not have automatic legal rights to access.

However, the courts generally recognize these important relationships and rarely deny contact unless there is a risk of harm to the child.

Navigating the early stages of relationship breakdown

In the initial stages following a family separation, maintaining open lines of communication between parents and grandparents is essential.

Ideally, resolving issues without legal intervention is preferable, promoting a peaceful environment for everyone involved. However, when emotions run high and communication breaks down, mediation might be a viable option.

Mediators help facilitate discussions, aiming to establish a contact agreement that includes grandparents, ensuring they remain a part of their grandchildren’s lives post-divorce.

If mediation is not suitable, pursuing a child arrangements order through the courts may be necessary.

The role of court orders in grandparents’ rights

To apply for a child arrangements order, grandparents must first obtain the court’s permission.

This process involves demonstrating the connection with the grandchild and the potential impact of the contact on the child’s well-being.

The court will consider the following when grandparents are applying for leave:

• The connection between the grandparent and the grandchild/grandchildren.
• The nature of the contact application.
• Whether the child’s well-being will be harmed in any way by the application.

Successful applicants can then seek an order that specifies the terms of contact.

During this process, a CAFCASS Welfare Officer assesses the situation and prepares a report, which can influence the court’s decision, especially if it favours maintaining contact.

If disagreements persist, a full hearing may be required where both sides can present their cases, with the child’s best interests as the paramount concern.

During a full hearing, both sides will be given the opportunity to put their arguments across and the Welfare Officer’s report will be taken into account. The interests of the child will be the most important factor at all times.

As a grandparent, to be successful in obtaining a court order you will have to show that you play a vital role in your grandchildren’s lives – and that there will be negative consequences for the children should this relationship not continue.

When court orders are ignored

Unfortunately, some parents may disregard court orders, hindering grandparents’ involvement in their grandchildren’s lives. In such cases, legal intervention might be necessary to enforce the terms of the order.

If you find yourself in a situation where you are not being allowed contact with your grandchildren, professional legal advice can be very helpful. A specialist family lawyer can help you put your arguments for contact across in the best possible way, and will make sure that you don’t miss things out.

The courts will often be in favour of grandparental involvement, unless the circumstances are extreme – and where it would not be in the child’s best interests.

If you’re facing challenges in maintaining contact with your grandchildren, contact us today to explore how we can help you assert your rights.