Contact for Grandparents

A frequent question that often arises in family law is whether grandparents have an automatic right to have contact with their grandchildren. 

Unfortunately, grandparents do not.  As a grandparent you may find yourself faced in this difficult situation should your relationship with your grandchildren’s parents break down.

This is even though you have established a close bond with your grandchildren and spending time with them would clearly be in their best interests.  

Every case depends on its own individual facts and circumstances. If possible, you may try to agree with your grandchildren’s parents on when you can see the children, even if it is not as often as before. This can help ensure you maintain contact and provide some consistency in the children’s routines, even if the arrangements are not ideal.

You could also contact a family mediator or try other forms of dispute resolution to help you and the children’s parents come to some level of agreement in respect of you spending time with your grandchildren.  Prior to making an application to Court you are required to attend a meeting with a mediator to see if mediation could be suitable in your case.  This is referred to as a Mediation Information and Assessment Meeting (a MIAM).

Mediation can often be a cost effective way to help you navigate through the difficulties with a mediator present, in trying to reach an amicable agreement with the children’s parents.  This can often be a quicker alternative than waiting for the Court to make a decision which can also be a costly exercise. Court proceedings should only be considered as a last resort if all the above options are unsuccessful. Please click here for further information about ‘Non-Court Dispute Resolution'

If mediation is unsuccessful, then the next step is to apply for permission to proceed with an application for contact with your grandchildren, before seeking an order from the court. 

If permission is granted, you can make an application for a Child Arrangements Order. This will set out the types of contact that you want to take place between you and your grandchildren, for example face-to-face contact or video calls and how regularly. 

The court’s role is to consider all the information related to your case before making decision, however, their main consideration is what is in the best interests of the children. To do this, they use a welfare checklist which includes things such as the impact if circumstances change, what the children want, their emotional needs and their education. 

If the court grants the Child Arrangement Order, the child’s parent or carers cannot continue to prevent access.