Grandparents often play a vital role in their grandchildren’s lives. Providing love, taking on the childcare of small ones and providing support for older ones.
However, family relationships can break down to the point that one or both parents refuse to let you have contact with your grandchildren.
This is most common when parents separate or divorce. That said, it can also happen because of family disputes or after the death of one parent. This can leave you feeling cut off and upset. Even worse, the children might wonder why they don’t see Granny and Grandpa again.
If you’re facing the prospect of losing contact with your grandchildren, you might wonder ‘Do grandparents have rights?’.
Do Grandparents Have Rights?
The role of a grandparent, is vital to a child’s upbringing. But the sad truth is that as a grandparent you don’t have automatic rights to see your grandchildren.
So How Do I See My Grandchildren?
If your grandchild(ren) lives with their parent(s), you should first try to come to an informal agreement with them. This will save considerable time, expense and heartache.
If the parents are reluctant to engage with you, you could;
- 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 you could try mediation (providing an exemption does not apply). This is where a trained, neutral third party works with the family to help them reach an agreement. It’s less formal than court proceedings and encourages a collaborative approach to find a solution. It’s also less expensive.
However, mediation is voluntary, and the parents aren’t obliged to engage. If this is the case, you may still need to go through court proceedings if the parents do not engage.
What NOT to Do
It might be tempting to try to contact the child directly without the parent’s consent. This would expose the child to adult issues which isn’t in their best interests.
As a result, it could damage your case if you take it to court.
Applying to Court For Contact
As a result of case law evolving from the Children’s Act 1989, Courts recognise the importance of grandparents in a child’s life.
As such, with the leave of the Court, you may be able to make an application for contact. They will consider your relationship with your grandchildren and whether you have a role to play in their upbringing.
The Courts will also consider:
- The reason for your application
- Why the parents denied contact in the first place
- The impact it might have on the child and wider family
- Your past to see if there is a history of violence or abuse
Applying For a Child Arrangements Order
Should the court grants permission to see your grandchildren, you’ll need to apply for a Child Arrangements Order.
If one or both parents object to your application, you’ll need to attend court for a final hearing. At this stage, all parties will have to provide evidence in court.
The Court will then decide whether it is in the child’s best interest for you to have contact with them.