What rights do grandparents have to have contact with their grandchildren?

When a couple separates, or the relationship between a parent and their own parents breaks down, it can be a difficult and emotional time for the entire family. There are numerous challenges to overcome and contact with the children is often at the forefront of everyone’s minds.

In many cases it’s in the best interests of children to have a relationship with their wider family, particularly their grandparents. They can provide an invaluable source of familial support during a difficult time and may be able to provide much-needed assistance to separating parents, who may be adapting to a new schedule of care responsibility. 

However, grandparents may be left wondering exactly what legal rights they have when it comes to spending time with their grandchildren, especially if their relationship with their own child has broken down and their contact is not supported.

What legal rights do grandparents have?

Put simply, there is no automatic right for a grandparent to have contact with their grandchildren.

Time spent with grandparents is generally expected to be factored into the existing arrangement between parents. In the case of separated parents, parents can arrange for children to spend time with their extended family during the periods of time they care for the children. This can include grandparents looking after a child while that parent is working as an alternative to childcare.

If a parent is preventing a grandparent access to grandchildren after separation, there are a few options that a grandparent can take to try and remedy the situation:

Informal arrangements

If possible, an informal arrangement should be settled upon, between the grandparents and parents, to allow the child to spend time with their grandparents.

This should always be the first option, as reaching an amicable agreement can benefit the child by avoiding further conflict during what may be an already stressful period of change.

This will require each party to be willing to compromise and grandparents may need be open to agreeing terms set down by parents regarding contact.

Mediation

If simply discussing matters is not productive, or not possible, grandparents could seek to attend mediation to discuss contact arrangements.

The primary aim of mediation is to open the channels of communication and to help families reach an amicable arrangement between themselves.

A mediator will not make any decisions on behalf of the parties; but they can help to facilitate negotiation and identify common ground.Arrangements reached in mediation may have lasting success as they will have been reached by mutual agreement; but again, this relies on all parties being willing to compromise.

Approach the court for permission to apply for a Child Arrangements Order

Unlike parents (who can apply for an order directly), grandparents must seek permission from the court to apply for a Child Arrangements Order (‘CAO’) for contact with their grandchildren.

As noted above, there is no automatic legal right for a grandparent to apply for a court order in relation to a child unless an exception applies – such as the child having lived with the grandparent for over a year.

Bringing court proceedings should only be regarded as a last resort. Litigation can be costly and acrimonious, and grandparents would likely benefit from legal advice if thinking of taking this step. The court will expect parties to have attended a Mediation Information and Assessment Meeting before they make an application to court (unless certain exemptions apply).

In deciding whether to give permission for such an application, the court will consider:

• The nature of the application
• The connection between the grandparent and the child, and
• Any disruption or harm that could be caused to the child as a result of the proceedings.

If permission to apply is granted, the grandparent will then need to make an application for a CAO. The court can determine various issues, including deciding who the child should live with, and who they should spend time with (including setting out when and where this contact should take place). They may also decide whether direct or indirect (such as phone calls) communication with a person named in the order should take place.

When considering whether to order contact between the grandparent and grandchildren, the court’s decision will be based on the best interests of the child, taking into account (amongst other factors):

• The child’s wishes and feelings (in light of their age and understanding)
• The child’s emotional physical and educational needs
• The likely effect on the child of a change in circumstances
• Any harm they are at risk of suffering.

Our family lawyers are on hand to help grandparents who need guidance and support regarding children arrangements. If you need advice, please contact us and we will be happy to help.