The Rights of Grandparents Following Separation

Unfortunately following a divorce or separation, grandparents do not automatically have the legal right to see their grandchildren.

We know that you may have played a very active caring role in the upbringing of your grandchildren, and to have this taken away from you can be life changing.

The team at Venters understand the importance of the grandparent/grandchild relationship and how upsetting this can be when contact is removed. The team are here to help you explore all of the legal solutions that are available to you.

Here are the main options:

Informal Agreement

The first step for grandparents is to try and reach an informal agreement with the parents. Many disputes about grandparent contact can be resolved without going to court through discussions or mediation. Mediation can be particularly helpful in finding a solution that works for everyone without the need for legal proceedings.

Mediation

If informal discussions fail, mediation is a formal process where an independent mediator helps the parties come to an agreement. In the UK, grandparents need to consider mediation before applying to the court. The mediator helps to facilitate discussions and explore different options.

Applying to the Court

If mediation is unsuccessful, grandparents can apply to the court for permission to seek a Child Arrangements Order under Section 8 of the Children Act 1989. This order would set out the contact arrangements between the grandparent and grandchild.

Steps for Legal Action:

• Permission to apply: Before applying for a Child Arrangements Order, grandparents need to ask for permission from the court, unless there are special circumstances (e.g., the grandparents were primary carers or played a significant role in the child’s life).
• Best interests of the child: The court will assess whether granting contact is in the child's best interests, considering the child's emotional well-being, the nature of the relationship between the grandparents and grandchild, and the potential impact of the contact on the child.
• Child Arrangements Order: If permission is granted, the court will then consider the actual application for the Child Arrangements Order, which would outline when and how the grandparents can see their grandchildren.

Factors the Court Considers

The court always prioritises the best interests of the child, taking into account factors such as:

• The child’s welfare and emotional needs
• The nature of the grandparent-grandchild relationship
• Any risks that contact with the grandparent might pose
• The views of the parents and the child (depending on the child’s age and maturity)

Grandparental Responsibility

It’s important to note that grandparents do not have parental responsibility (legal rights over decisions about the child’s upbringing), however, maintaining contact can help preserve the often strong bond that exists between grandparents and grandchildren and support the child’s overall emotional well-being.

Grandparents Association

There are also support networks that can help in this situation, such as the Grandparents Association. Their mission is to improve the lives of children by working with and for all grandparents, especially those who have lost or are losing contact with their grandchildren because of divorce, separation, or other family problems.

For more information on how Venters Solicitors can help you, please email us today at info@venters.co.uk or call 020 7277 0110.