Last updated on December 8th, 2021 at 01:36 pm
This is particularly sad as we all know that grandparents play a vital role in the upbringing of their grandchildren, providing more and more child care. In fact, grandparent childminders have increased by 49% since 2009 (Gransnet), with the average time spent looking after grandchildren being nine hours per week. Ninety nine percent of grandparent childminders are unpaid.
No automatic grandparents’ rights to contact
Grandparents don’t have an automatic right to contact with their grandchildren, and it’s not against the law for a parent to refuse contact. However, there are remedies available for grandparents if they find themselves in this difficult situation.
Mediation can be a useful tool when it comes to settling issues outside of court. Mediation is designed to resolve matters amicably without using litigation. Family disputes can often become heated with no clear resolution, and the involvement of a third-party mediator can help to take the heat out, providing control and facilitating good discussions and agreements from an objective standpoint. If needed, legal help can also be obtained alongside mediation.
Grandparents can apply to court
The courts are mindful of the fact that sometimes an agreement cannot be reached. If mediation is either deemed unsuitable or has broken down, grandparents can apply to the court for an order that sets out arrangements for contact with their grandchild, but they must first have the court’s permission to make the application and must have attempted mediation before starting it.
Megan Wroe, family law team
When deciding whether to give a grandparent permission to make the application, the court will take into account various factors, including the connection with the child and the risk of disruption to its life. Permission from the court to make the application does not mean that the application for a child arrangements order itself will be successful. The grandparent will need to persuade the court that they have a meaningful and on-going relationship with their grandchild that benefits their lives and is in the child’s best interests, including whether the order will have a negative impact on other family relationships. A child’s ‘best interests’ is always paramount with the courts.
If you need advice or assistance on a matter relating to your grandchildren, please contact our family law experts and we can arrange a fixed-fee first consultation in which we can discuss your case.
