Unfortunately, situations can arise where grandparents are denied contact with their grandchildren.
If you’re in this difficult position, you do have some options and there are legal steps you can take.
In his latest article, Family Partner Simon Immins outlines what those steps are and your rights as a grandparent.
Do I have a right to see my grandchildren?
Sadly, grandparents do not have an automatic legal right to see their grandchildren.
This means that parents can legally deny grandparents contact with grandchildren. Children
however, do have a right to know their extended family members if it is in their best interests to do so for their welfare.
However, if you’re a grandparent who wishes to see your grandchildren you do have some options.
What to do when you can’t see your grandchildren?
Before taking legal action and getting a court order, there are some preliminary steps which you can try to regain contact with your grandchildren.
Firstly, depending on your circumstances and relationship with your grandchildren’s parents, you can try speaking to them and aim to find a middle ground for contact.
For example, rather than never having contact with your grandchildren and being cut off you may agree to see them once every 2 weeks, once per month or indirectly over the phone, video call or by letter.
We understand that this may not always be an option and if this is the case, or discussions have failed, you may wish to get a third-party mediator involved.
Family mediation
A Family Mediator may be able to assist you and your grandchildren’s parents in coming to an agreement on contact arrangements.
Instructing an independent third party may be a good option for you as it allows for open communication and unbiased mediation. Before the next steps of applying for an Order then mediation must be tried unless there is a very good reason why it isn’t appropriate.
Alternatively, and if none of the above works, you may wish to apply for a court order which would decide on your contact with your grandchildren.
What is a Child Arrangement Order? (CAO)
A Child Arrangement Order is a legally binding court order which sets out child arrangements such as who the child is to live, spend time and have contact with.
The court also has powers to make other orders such as Prohibited Steps Orders, Specific Issue Orders and Orders that vary or discharge any existing CAO.
As a grandparent, you could potentially use a CAO to gain access to and contact your grandchildren.
For a more general look at CAOs, you can read our dedicated article here. Or, if you’re a grandparent looking for more tailored advice, you can stay on this page.
How does a Child Arrangements Order work?
There are two aspects that the court can decide when making a Child Arrangement Order, Live With (Residence) and Spend Time With (Contact). I’ve outlined how both of these aspects of the order work below
Live With (Residence) aspect of a CAO
The Live With aspect of a CAO would name who the child in question is to live with. This might be an individual, two people who live in the same house, or two people in different households.
If this person doesn’t already have parental responsibility then they would gain parental responsibility for the child, meaning they would have to be consulted in regard to decisions on the child’s education, medical care and more with the other persons that have parental responsibility
For children who are to live with two people in different households, the order would specify how much time they would live in each home.
Related: What is Parental Responsibility and who has it?
Spend Time With (Contact) aspect of a CAO
The Spend Time With (Contact) aspect of a CAO outlines who the child is to, and to not, have contact with.
More specifically, this order would specify the direct (in person) and indirect (not-in-person, such as telephone & video call) arrangements.
It would also include details on overnight and visiting arrangements and holiday arrangements and can set out whether contact is to be supervised (rarely appropriate long-term) or unsupervised.
We’ve outlined the above types of contact in more detail in our guide here.
Can grandparents apply for a Child Arrangement Order?
Grandparents aren’t automatically entitled to apply for a CAO , unless the child has lived with them for three or more years.
However, if this isn’t the case, you can seek permission (leave) to apply from the Court.
At Frettens, our experienced team can assist you in seeking permission from the Court and in your application for a Child Arrangement Order.
You can get in touch with a Family Expert on 01202 499255.
Can the court refuse an application for a Child Arrangement Order?
Yes, the Court will only make an Order if it decides that is in the Children’s best interest.
The Parent’s best interest and your best interest as grandparent are both outweighed by this and the Court will always act for the benefit of the children
Can a grandparent apply for a Prohibited Steps Order?
A Prohibited Steps Order is a legal order that can prevent a person with parental responsibility, from making decisions regarding a child.
Such an order can stop someone from changing a child’s school, changing their surname or taking them abroad, for example.
If you’re a grandparent who has a Live With Order in place, you’ll have parental responsibility meaning you can apply for a Prohibited Steps Order without leave of the court.
Find out about how much a CAO costs, how long it lasts and more here.
Bright and experienced Family Solicitors
If you have any questions following this article, or would like to instruct us to assist you, please don’t hesitate to get in touch with our bright Family Team.
We offer a free initial chat for all new clients, so you can speak to us to iron out the details and discuss your circumstances before committing to anything.
You can call us on 01202 499255 or fill out the form at the top of this page to find out more.
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