Grandparents often play an important role in the lives of their grandchildren but there are a number of situations where issues may arise impacting their relationship with their grandchildren, writes Nicola Corby, Children Solicitor with Ringrose Law.
These include:
• Where the parents live together with the children but don’t want the grandparents having contact
• Where parents have separated, and a grandparent is being prevented from having contact
• Where the children are subject to care proceedings.
• Where children lived with the grandparents but have returned to the parent’s care.
• A grandparent may have safeguarding concerns about a parent and be seeking for the grandchildren to live with them either as a temporary measure or long term.
• A parent may have died.
Relationships with extended family members are often important to a child’s sense of identity but as a grandparent you do not have any automatic rights to spend time with your grand, or to seek for them to live with you, but there are a number of options that can be considered.
If the child remains living with their parent/parents the first step would be to attempt to agree an informal arrangement with the parent/parents.
This would both avoid conflict and save everyone a significant amount of stress and cost.
It may be tempting to try to contact the child directly without the parent’s consent but this would be risky and potentially expose the child to adult issues, which is not in their best interests.
You can try to explain to the parents that you believe the child is missing you and that you miss them.
It may be that you can agree to an activity-based arrangement in the community at a starting point potentially with the parents present to rebuild the relationship and trust between you and them.
If the parents are reluctant to engage directly with you then you could attempt to go through a third party or instruct a solicitor to write to them setting out your intentions and that you have the children’s best interests in mind.
If this is unsuccessful then mediation could be attempted (providing an exemption does not apply).
This is less formal than court proceedings and encourages a collaborative approach to find a solution. It is less expensive that court proceedings.
Mediation is voluntary, so ultimately you may still need to go through court proceedings if the parents do not engage.
Court proceedings should only be considered as a last resort, but once other avenues have been attempted you may want to consider an application for a Child Arrangements Order.
This is an order setting out who a child lives with and what time they spend with certain people.
Grandparents do not have an automatic legal right to make this application, therefore they need to seek the court’s permission.
The court will consider a number of factors when considering whether to grant permission.
These include:
• The grandparent’s involvement in the child’s life.
• The parent’s views on contact.
• Any safeguarding risks.
Why the application has been made.
Any negative impact the contact will have on the rest of the family.
If the court grant permission the next step would be the court determining whether contact should take place. The main priority of the court is the welfare of the child and there are a number of factors they will take into account (known as the welfare checklist).
If the court considers it is in the child’s best interests then they are likely to make an order for the child to spend time with you.
We can help:
If you are seeking either contact with your grandchild or for your grandchild to live with you, we can help. Contact our Children Law team 01636 594460 or visit us on Castlegate, Newark for a free consulation.
