Grandparents in the UK do not have any automatic rights to see their grandchildren, access is strictly down to the parents.
However, should a grandparent be limited or refused access to the child, they can request court-ordered contact or custody agreements through the Family Court.
Provided that this course of action is within the child’s best interest.
Before any legal action can be taken, grandparents must attend a Mediation Information and Assessment Meeting (MIAM) in an attempt to resolve the dispute before it goes to court.
A mediator will explain the mediation process and assess whether it is suitable for the family’s circumstances.
The mediator is an independent and impartial professional who helps those involved communicate and work towards an agreement.
Mediation aims to resolve disputes in a less stressful, quicker and more cost-effective way than court proceedings.
If everyone agrees to participate, further mediation sessions may be arranged to discuss contact arrangements and other concerns. Any agreement reached can be recorded and may be formalised if required.
If mediation is unsuccessful, if another party refuses to attend or if the mediator decides it is unsuitable, a MIAM certificate will usually be issued. This certificate is generally required before applying to the court.
Where court proceedings are necessary, the court’s primary consideration will always be the child’s welfare and best interests when deciding whether contact should take place.
Before grandparents can apply for a Child Arrangements Order, they must usually obtain the court’s permission, known as leave.
When deciding whether to grant permission, the court will consider factors including the nature of the grandparent’s relationship with the child, the reasons for the application and whether the proposed application could disrupt the child’s life to such an extent that they may be harmed.
The court recognises the important role grandparents can play in a child’s life and will consider whether continued contact would be beneficial to the child’s welfare.
Grandparents should provide evidence of their involvement in the child’s life, such as the frequency of contact, the strength of their relationship and any practical or emotional support they have provided.
If permission is granted, the grandparent can then apply for a Child Arrangements Order.
In many cases, if there has been a meaningful and positive relationship, permission is granted and the application can proceed.
A Child Arrangements Order is a court order that regulates arrangements for a child, including who the child spends time with and, in some cases, who they live with.
Once leave is granted, the court will consider the application and determine what arrangements are in the child’s best interests.
When making its decision, the court will consider factors such as the child’s wishes and feelings, the nature of the relationship between the grandparent and grandchild and the potential impact of arrangements.
The court may order direct contact, such as face-to-face visits or indirect contact, including telephone calls, letters or video calls.
Failure to comply with a Child Arrangements Order may result in further court action and enforcement measures.
For grandparents, seeking child arrangements can be tricky and oftentimes longwinded.
Our family law solicitors are here to help you during the mediation phase, when seeking leave through to going to court for child arrangements.
We understand that these decisions are not easy to make; our compassionate solicitors are here to support you every step of the way.
If you are a grandparent seeking child arrangements, get in touch with us today.
