Nan and Grandad are an integral part of the modern family dynamic.

But unfortunately, there are times when relationships deteriorate to such an extent – perhaps due to a separation or divorce, family dispute, or even death – that grandparents become alienated and distanced from their much-loved grandchildren.

Sound familiar?

We appreciate that it can be an upsetting and frustrating situation – and there’s no point sugarcoating the fact, that grandparents’ rights simply aren’t on the same level as Mum and Dad’s. But that doesn’t mean you should give up hope of spending time with your grandkids.

If you believe you’re being treated unfairly, there are several practical steps you can take, to help re-establish contact and secure your relationship for the future.

Here our family law solicitors outline the full legal process.

Do grandparents have a right to see their grandchildren?

In the complex framework of family law, the rights of grandparents are not always very clear, and you may have found conflicting information online. But in reality, it’s pretty straightforward.

Unlike parents, grandparents do not have automatic parental responsibility. Which means, they have no automatic legal right to see their grandchildren, demand contact (in person or otherwise) or make any decisions on their behalf.

However, they can try to get access via an informal arrangement or legal action.

Perhaps you’ve reached out to one or both parents on several occasions, but never get a response? Maybe you’ve tried to discuss the situation amicably? Attempted to reason with the parents? Suggested potential dates and times for you to meet up? All to no avail.

If so, here we outline some of your options and the next steps you could take.

The legal process for grandparents seeking access to their grandchildren

Step 1 – Attend a MIAM

Court proceedings can be long, emotionally draining and expensive. So before embarking on this route, it’s always worth trying to resolve the matter amicably – outside of the courtroom.

Perhaps an earnest chat would do the trick?

If not, grandparents can initially try to secure contact using alternative dispute resolution methods and attend a Mediation Information and Assessment Meeting (MIAM).

Essentially, this is an opportunity (for both you and the parents) to discuss the background and nature of your situation with an independent family mediator. The mediator then uses the information gathered to decide whether mediation is an ideal option for your family.

Step 2 – Try mediation

If deemed an appropriate course of action, mediation can then begin.

Depending on the complexity of the case, this will take place over a number of sessions – during which, the mediator will guide both parties through a series of amicable negotiations.

The aim is to (hopefully!) find a solution that works for everyone, reaching an ‘informal arrangement’ that allows the grandparents to see their grandchildren. The details of this arrangement (e.g. when, where, for how long etc.) can then be recorded in a formal document.

Step 3 – Seek permission to apply for a Child Arrangement Order

Mediation been unsuccessful?

If you’ve failed to reach an agreement informally, the next step is to involve the court.

Due to the limited legal rights of grandparents in the UK, unfortunately, you’re not automatically entitled to apply for a Child Arrangement Order (CAO). To do so, most people will need to apply for the permission of the family law court first.

The court will consider:

• the nature of the proposed application
• your connection with the child
• any risk of the proposed application disrupting the child’s life

Nine times out of ten, this is just a formality. As long as the court believes the application is genuine and in the best interests of the child, you’ll usually be given the green light to go ahead.

Step 4 – Apply for the CAO

Once permission is granted, you can then formally apply for a CAO.

This is done by completing a C100 application form.

A  CAO is a legal decree, which can stipulate where the child lives, how often they spend time with someone, and under what circumstances (e.g. in-person visits, telephone calls, etc.).

To decide whether or not to make this order, the child’s welfare is the primary concern. The court will only approve the application if they feel it would be beneficial for the child, and in their best interests to spend time with their grandparents. In addition, they’re also required to consider a range of factors, commonly referred to as the ‘welfare checklist’.

As set out by section 1(3) of the Children Act 1989, these include:

• The ascertainable wishes and feelings of the child concerned.

(considered in the light of their age and understanding)

• The child’s physical, emotional and educational needs.
• The likely effect on the child of any change in their circumstances.
• The child’s age, sex, background and any characteristics which the court considers relevant.
• Any harm which they have suffered or are at risk of suffering.
• How capable their parents are of meeting their needs.

What are your chances of success as a grandparent?

The UK family court operates on the principle that decisions should always be made in the best interests of the child. And recognising the value of family and the often-close bond between grandparents and grandchildren, they’re usually inclined to support contact.

This means they very rarely refuse a grandparent’s permission to apply for a CAO. And if contact is deemed beneficial – to the child’s physical, emotional and psychological well-being – they will grant the official order, outlining the full terms of the contract.

It’s also more likely for the CAO to be approved if you’ve played a significant role in the child’s life or if you have a strong pre-existing relationship with the child.

Of course, there’s always a possibility that one or both parents will object against your application – or appeal against the judge’s decision. If this happens, you may then have to attend a final hearing, in which both parties will be expected to give evidence. But again, the court will then make a final ruling based on what it feels is in the child’s best interests.

Speak to our family law solicitors today

Given the complexity of grandparents’ rights in the UK, and the sensitive nature of this type of issue, it’s important to seek the advice of an experienced family law solicitor – who can ensure you’re fully aware of your rights and the options available to you.

Here at St Helens Law, family law is one of our key specialist areas.

We’ve helped countless clients get to grips with the legal rights of grandparents and re-establish contact with their grandchildren – reaching an agreement that works for everyone involved, efficiently, smoothly and as amicably as possible. And we could do the same for you.

If you need help making arrangements for contact with your grandchildren, we have the skills, knowledge and experience and will work diligently to secure the best outcome.

An initial consultation with our family law solicitors is available free of charge. So why not get in touch today? To arrange a date and time that works for you, simply give us a call on 01744 742360 or fill out the online form at the top of this page. Alternatively, if you have any questions, send an email to info@sthelenslaw.co.uk and we’ll respond as soon as possible.