Maintaining a relationship with grandchildren after parents separate is understandably important to grandparents. Grandparents can play a key role in a child’s upbringing, often assisting parents with childcare and developing a close bond with their grandchildren. Grandparents may face challenges maintaining a relationship with their grandchildren after parents separate if the parent on their side of the family is not being allowed to see the child or is having only limited contact with the child that the grandparents are not involved in.

Understanding Your Legal Position as a Grandparent

Perhaps surprisingly, grandparents do not have an automatic legal right to spend time with their grandchildren either before or after parents separate. Parents can use their parental responsibility to determine who their children come into contact with and who looks after them whilst in their care. If children are spending time with both parents after separation, each parent can arrange contact between the children and their grandparents during the time the children are in their care (it is however a decision for each parent whether they arrange this contact).

If a parent is not having contact with the children following separation or if their contact is being limited (for example to contact in a contact centre), they may then be unable to bring the children into contact with the grandparents. The other parent could of course still facilitate a relationship between the children and the grandparents on the other side of the family but there is no legal obligation on them to do so.

If contact between grandparents and grandchildren is not being facilitated or allowed by the parents, a grandparent could apply to the Court for a Child Arrangements Order (an order setting out the time their grandchildren spend with them). Unless specific circumstances apply (which are not dealt with in this article given how case specific they are), a grandparent will need the Court’s permission to make this application to Court (explained further below).

Factors the Court Considers in Contact Applications

As mentioned above, grandparents will usually need the Court’s permission before applying for a Child Arrangements Order, save for in very specific circumstances. The application for permission would be lodged with the Court at the same time as the application for a Child Arrangements Order.

Our previous articles Private family law – grandparents & wider family rights and Grandparents rights – do grandparents have rights to see their grandchildren? provide further information about how the Court may deal with an application for permission.

As set out in the above articles, the Court will consider:

  • The connection between the applicant and the child. For example, has the grandparent been seeing the child every week until contact stopped, or have they not seen the child for a number of years?
  • The nature of the application. For example, is the grandparent seeking weekly contact or contact every six months.
  • The Court will also consider whether the application could disrupt the child’s life to such an extent that it may cause harm.
  • The Court will also give consideration to the potential impact of forcing parents to make the child available for contact that the parents do not support and whether both parents are in opposition to the contact, or one is supportive of it.

Alternatives to Court: Mediation and Family Agreements

There are alternatives to Court proceedings that grandparents may wish to explore.  For example, mediation may assist grandparents and parents in reaching an agreement about contact with grandchildren with the support of a neutral and independent third party. Negotiations through solicitors or even trying to agree contact through informal family agreements could be considered. Arrangements for children agreed outside of Court are not legally binding or enforceable. However, if contact can be agreed, then a Court order may not be required.

Applying to Court: Process and Practicalities

In terms of the process and practicalities of an application to Court, a form C100 (the application for a Child Arrangements Order) would be lodged with the Court along with a form C2 (if the Court’s permission is required to make the application). A Court fee would be payable for the application.

Once the above forms have been received by the Court, the Court will first consider whether permission should be granted for the grandparent’s application to proceed. The Court may be able to deal with the question of whether permission should be granted without meeting with the parties. However, in some cases the Court may list an initial hearing to determine whether the application can proceed or not.

Maintaining Relationships During and After Disputes

When it comes to contact with grandchildren, it can often be best to try and resolve this with the parent(s) outside of Court proceedings if at all possible.

This may involve carefully worded correspondence with the parent(s) aimed at rebuilding relationships that may have become strained following the parents’ separation. Court proceedings can sometimes increase conflict between the parties and may make maintaining relationships with grandchildren more difficult in the future. There will of course be situations in which a Court application is advisable and it would be sensible to seek legal advice at an early stage.

Grandparents often play an important role in a child’s life and maintaining those relationships can be beneficial for children following a family separation. Where difficulties arise, there are a range of options available, from informal discussions and mediation through to court applications where necessary. Taking legal advice at an early stage can help grandparents understand their options and decide on the most appropriate way forward.

This article was written by Alexandra Pitts, solicitor in our Family Law team.