Grandparents and contact- Article by Courtney Walton Trainee Solicitor

It isn’t easy when a relationship breaks down and grandparents find themselves in the middle of conflict. Sadly, within family law we see many grandparents excluded from contact with their grandchildren, some of whom have built a lasting relationship for many years. The starting point would be to consider the reasoning behind the breakdown of contact and possibility reaching out to the those caring for the grandchildren with any proposals for contact. If this isn’t successful, the next step would be to consider mediation.

Mediation is a form of Alternative Dispute Resolution. This step is often required before considering making an application to the Family Court. At mediation you can sit down with those caring for the children and have discussions in to attempt to reach an agreement regarding contact arrangements.

If the outcome of mediation is not a favourable one, whether this being as result of mediation being declined or being unable to successfully reach an agreement, the last resort would be to consider a court application for a Child Arrangements Order.

Are grandparents able to make an application to court to seek contact with their grandchildren?

Yes, even step grandparents are able to make an application. You will however usually require leave of the court (permission to make the application).

Do I need parental responsibility for my grandchildren to apply the court?

No, you are not required by the court to hold parental responsibility for any relevant children.

In some circumstances leave will not be required, even if the grandparent does not hold parental responsibility for the relevant children.

Will leave of the court (permission) automatically be granted?

Not necessarily, when considering if an application should progress the court will need to consider if leave should be granted. In making this decision, the court will need take into account various factors. The court would firstly consider the nature of relationship between the relevant children and grandparents, considering any bond between the grandparent and relevant children. It will also be considered by the court the level of devotion shown to the relevant children by the grandparents as well as the reasoning behind their application.

If leave is granted, will I automatically be granted contact with my grandchildren?

If leave of the court has been granted, this does not automatically mean that contact will be reinstated. If leave has been granted it simply means that the application can progress. Once leave has been granted the usual process in respect of an application for a Child Arrangements Order will apply. The court will need to consider the position of all parties involved, including those who hold parental responsibility for the children. Other factors to consider include any safeguarding concerns or domestic abuse allegations. The court will take all of these into account with the child’s welfare as the paramount consideration.

If leave is not granted, can I still pursue my application?

If leave has not been granted, you will not be able to pursue your application within the proceedings initiated.

If leave is not granted, can I make a further application to court?

Usually, you are able to make a further application in the future. You will however need to be aware that the court will consider the reasoning behind leave not being granted initially. Any further applications could have the same outcome with leave being refused and the court may even seek to prevent further applications in some instances.

What do I do now?

Should you wish to know more information regarding reintroducing a relationship with your grandchildren, our family lawyers are experienced in these matters. Please contact office on 01325 28111 or 01609 765 765 to book an appointment or alternatively, you can make an enquiry through our website.