This is often a question asked of Family lawyers. Particularly if a grandparent may be losing or have lost contact with their grandchildren.

This could be following divorce or separation of the children’s parents. Or because of a family feud or relationship breakdown between grandparent and parent.

The bond between a grandparent and grandchild is often extremely special. If a relationship breaks down to the point of you being stopped from seeing your grandchild, it can often be an emotionally very difficult time. For both grandparent and grandchild.

Currently, in England and Wales, grandparents have no inherent right by virtue of being a “grandparent”

Currently, in England and Wales, grandparents have no inherent right by virtue of being a “grandparent” to spend time with their grandchild. Unlike the child’s mother and father, who acquire rights and responsibilities for their child. This is known as “Parental Responsibility”.

In contrast grandparents don’t have any legal rights or responsibilities towards their grandchildren or a legal right to spend time with them.

Whilst grandparents may not have a “right” to spend time with their grandchildren, society and the Family Law Courts recognise that they often play a huge role in a grandchild’s life. Both emotionally and practically.

The Family Court

Let’s say a grandparent is prevented from having a relationship with their grandchild following a relationship breakdown. In this situation it is possible for a grandparent to approach the Family Court for permission to make an application to be able to spend time with their grandchild.

If permission is granted by a judge, then an application can be made to the Court under Section 8 of the Children Act 1989. Seeking a Child Arrangements Order to be made for the grandparent to spend time with their grandchild/ren.

As part of the application a judge must consider whether spending time with their grandparent is in the child’s best interests. As well as what is known as the Welfare Checklist. A child’s welfare is the court’s paramount consideration.

Let’s say judge rules that it is in the child’s best interests to maintain a relationship with their grandparent. Then a Child Arrangements Order may be made confirming that either those arrangements can begin or can continue.

Court Alternatives

Here at Forrester Sylvester Mackett, we appreciate that not every grandparent will want to make a formal application to the Family Court. We are always happy to discuss alternative approaches to resolving conflict with our clients.

Grandparents may consider attending family mediation with their grandchild’s parents. Grandchild/children could also be included in that process, known as “Child-Inclusive mediation”. This depends on the family’s circumstances and grandchildren’s ages.

Mediation fosters a more amicable approach to resolving conflict in the hope that an application to the Family Court may be avoided.

Here to help you

Our specialist Family Law team are happy to discuss with you, in confidence, your options. This may include an application to the Family Court or an alternative dispute resolution method. For example family mediation, which may be appropriate in your own individual circumstances.

For more information please get in touch with our specialist Family Law Team – familyenquiries@fsmsolicitors.co.uk or call 01225 755621