Grandparents can be a big part of family life. For some children, their grandparents are people they see every week. They might collect them from school, help with childcare, have them for sleepovers or simply be someone they have grown up being close to.<\/p>\n
When parents separate, those relationships can sometimes get caught up in what is happening between the adults.<\/p>\n
A grandparent who previously saw their grandchildren regularly might suddenly find that visits have stopped. This can be particularly difficult when there has been a close relationship for many years.<\/p>\n
So, where does the law leave grandparents?<\/p>\n
This is often the first question we are asked. Grandparents do not have an automatic legal right to see their grandchildren. That can come as a surprise, particularly to somebody who has played an active part in their grandchild’s life.<\/p>\n
Parents with parental responsibility will usually make decisions about who their children spend time with. If the parents separate, a grandparent may continue seeing the children while they are with their son or daughter. Problems can arise when that parent is no longer seeing the children themselves, or when relationships within the wider family have broken down.<\/p>\n
Not having an automatic right to contact does not, however, mean that grandparents have no options. Wider family members, including grandparents, can apply for a Child Arrangements Order, although grandparents will usually need the court’s permission before their application can proceed.<\/p>\n
No, and for a lot of families it won’t be the first place to start. Sometimes contact has stopped because relationships between adults have become strained following a separation. If there is still some room for discussion, it may be possible to agree arrangements without asking a court to become involved.<\/p>\n
That conversation doesn’t necessarily have to happen around a kitchen table either. Solicitors can correspond on your behalf, or mediation may give everyone somewhere neutral to discuss what has happened and whether contact can be restarted.<\/p>\n
Cafcass also recognises the valuable role grandparents can play following a separation and suggests that mediation may help families keep communication open.<\/p>\n
Of course, there will be families where agreement simply isn’t possible. That is when an application to court may need to be considered.<\/p>\n
In most cases, a grandparent first needs permission from the Family Court to apply for a Child Arrangements Order.<\/p>\n
This isn’t the court deciding whether you should see your grandchild. It is the first stage, where the court decides whether your application should be allowed to continue.<\/p>\n
There are several things the court can look at when deciding whether to give permission, including your connection with the child, what you are asking the court for and whether allowing the application to proceed could disrupt the child’s life to the point that it causes them harm.<\/p>\n
The history of the relationship can therefore be important. A grandparent who has been closely involved in a child’s life until fairly recently is in a different position from somebody who has had little or no relationship with them for several years.<\/p>\n
If permission is given, the court can then consider the application for a Child Arrangements Order.<\/p>\n
These orders aren’t only for disputes between parents. They can also deal with arrangements involving grandparents and other members of the wider family. An order can set out who a child spends time with and the type of contact that takes place.<\/p>\n
At this point, the focus isn’t on what the parents want or what the grandparents want. It is on the child.<\/p>\n
Depending on the circumstances, the court may consider the child’s wishes and feelings, their age and needs, their existing relationships and the effect that any proposed arrangements could have on them. Where Cafcass is asked to prepare a report, its Family Court Adviser may also speak with the child and other people involved before making recommendations to the court.<\/p>\n
When contact stops, particularly without warning, emotions can understandably run high. But it is worth thinking beyond the immediate disagreement.<\/p>\n
If there is a way of restoring contact without making relationships between family members even more difficult, that may be worth exploring first. Sometimes a carefully handled conversation, correspondence through solicitors or mediation can get discussions going again.<\/p>\n
There are also situations where those approaches won’t work and an application to court becomes necessary.<\/p>\n
The important thing is to understand where you stand before deciding what to do next.<\/p>\n
If you have been seeing your grandchildren regularly and that contact has suddenly stopped, you may be unsure whether there is anything you can do about it.<\/p>\n
Speak to Lund Bennett Law about what has happened. We can look at the circumstances with you, explain the options available and advise you on what could happen next.<\/p>\n","protected":false},"excerpt":{"rendered":"
Grandparents can be a big part of family life. For some children, their grandparents are people they see every week. They might collect them from school, help with childcare, have them for sleepovers or simply be someone they have grown up being close to. When parents separate, those relationships can sometimes get caught up in… Read More »Grandparents\u2019 Rights: What Can You Do If Contact With Your Grandchildren Stops?<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1640,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"off","neve_meta_content_width":70,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[354,55],"tags":[],"class_list":["post-1639","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-child-arrangements","category-child-law"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t