How do I get to see my grandchildren?

Increasingly, Grandparents play greater roles in care of their Grandchildren as hard- pressed parents juggle busy home and work lives which is why understand Grandparents’ rights is more important than ever. Providing unpaid childcare and helping with the school run being just two of the many tasks a Grandparent might undertake.

When a relationship breaks down, the impact on a Grandparent can be much greater than might have been the case, through no fault of their own and a child’s emotional wellbeing can be at risk when losing such close relationships.

Sadly, Grandparents do not have an automatic right to apply to the court to see a grandchild like a parent does in applying to see and spend time with their own childSo, when there are barriers put up in terms of you seeing them, you may wonder where to turn.

It is important to get advice at an early stage to ensure the relationships and existing arrangements are maintained. If a parent is obstructing your relationship with a Grandchild, you may be able to get an order to maintain your contact.

The starting point is to see if the parent(s) will agree to the contact you seek. This might involve a Solicitors letter being sent or a referral to Mediation to see if the issues can be resolved.

It is important to note however that Grandparents do not have automatic legal rights to see their grandchildren like parents do. As such if matters cannot be resolved through correspondence of mediation, a grandparent can apply to the court for permission to apply for a Child Arrangements Order to determine the time you spend with your grandchild(ren).

Whilst you may have to apply for permission (or leave) as a Grandparents to make an application to the court, the , the Family Court would rarely refuse permission providing there is no good welfare reason why it should not, providing you can show a close and enduring relationship exists. Also, as a family member, permission is not required if a child has lived with a Grandparent for a period of 1 year prior to the application being made.

The court could make a Child Arrangement Order for a Grandchild to spend time with a Grandparent, in the same way as it could for a parent. McAlister Family Law has helped Grandparents to obtain Child Arrangement Orders which have included overnight contact on a regular basis. Each family is different though and as such no two cases are the same. Just because you may have heard that one Grandparent has obtained a certain order, it does not necessarily follow that you will

There are however steps to consider before making an application to the court such as negotiations through solicitors or attending Mediation to see if a Mediator can help you to resolve matters outside of court. Maintaining good relationships with the other parent goes a long way in avoiding difficulties further down the line.

The McAlister Family Law Children team helps Grandparents to understand their Grandparents’ rights and maintain contact with their grandchildren following divorce, separation or other family estrangement.