Grandparents play a vital role in the lives of their grandchildren, often providing emotional support, instilling important lessons, and providing frequent childcare.
Grandparents can provide stability and continuity during a difficult period in a child’s life. However, their rights are often affected by separation or divorce and may even be forgotten completely.
Here we delve into the grandparents’ position in the family dynamic, and what rights they have should the parents’ relationship circumstances change.
Grandparents’ relationship with their grandchildren
Changes in society now mean that many grandparents are playing a greater practical role. In fact, recent research from the YouGov poll highlighted that one in four families in the UK heavily rely upon grandparents for childcare. This may also be heightened in the coming months as the nation experiences a cost-of-living crisis, leaving many families unable to afford private childcare costs.
Many grandparents fear that if one of their children’s relationships breaks down, they will be prevented from seeing their grandchildren. If a parent does object to a grandparent seeing their grandchildren, they must raise their concerns to the court. The court will then consider the given and relevant information and decide the best arrangements for the children.
What are grandparents’ rights by law?
It is a requirement, prior to any application for a Child Arrangement Order, to attend a Mediation Information and Assessment Meeting (MIAM). This includes a meeting with a qualified Family Mediator to consider whether the issues can be resolved without going to court.
If an agreement cannot be reached, the mediator will report this to the court and the parties will have the opportunity to formally apply to the court.
Applications to spend time or have indirect contact with children are governed by the Children Act 1989. Only people with parental responsibility, for example, parents, step-parents or guardians can automatically apply to the court.
Unfortunately, the current law does not allow grandparents to have this automatic right and they must first apply for permission (known as leave).
When a grandparent asks for permission, the Court will consider (amongst other things) how close they are to the child, the nature of the application, and whether the application may be potentially harmful to the child’s well-being.
Once this is obtained, the grandparents can apply for an Order to see the grandchildren, which can include regular contact, a one-off holiday or a particular event.
The more involved the grandparents have been in the child’s life, the more likely it is that the court will consider that there is a benefit to the children continuing that relationship.
Is reform on the horizon?
In March 2019, the Government announced that it planned ‘significant reforms’ to private and public law regarding children. Numerous MPs have since declared their support for an amendment to the Children’s Act 1989, to specifically create a presumption of access for aunts, uncles, and grandparents.
This would allow grandparents to be treated in exactly the same way as a parent asking for a Court Order. However, previous Justice Minister, Lucy Frazer MP, has since highlighted in a Westminster debate that this would only be considered in the context of wider Family Law reform – which is yet to occur.
How can Jefferies help you?
If you are a grandparent and you are worried about contact with your grandchildren, our Jefferies Family Law Solicitors are here to help.
Our team of highly qualified Family Solicitors can assist you in applying to the court for a Child Arrangement Order and can offer confidential, practical advice to help you address the situation.
Speak with a specialist Family Law Solicitor by emailing familylaw@jefferieslaw.co.uk or alternatively contact our offices directly on 01702 332 311.
Jefferies Solicitors Essex assist clients from Southend, Chelmsford, and surrounding areas; our team of highly qualified lawyers and solicitors are here for you. Whether you need a Divorce Lawyer or a Medical Negligence Solicitor, we can help.
The contents of this article are for the purpose of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
Author: Amy Williams, Paralegal at Jefferies Solicitors
