When parents separate, disputes in relation to children of the family can not only include estrangement from a parent but extend to wider family members, particularly grandparents who can often be stuck in between parent’s arguments.
What can those grandparents do in such a challenging situation? Partner Caroline Bilous explains.
Legally speaking, there are no grandparents’ rights, as usually, grandparents do not have Parental Responsibility (all mothers and most fathers have Parental Responsibility, which refers to the legal rights and responsibilities a parent in respect of a child, the most important of which are to provide a home and protect and look after a child) in the same way as a parent might have, although they might acquire it if a parent is unable to care.
However, the Family Court recognises that it is in a child’s best interests to maintain good relationships with close family members, particularly grandparents, even if the parent of the child cannot, and as such, a court order called a Child Arrangements Order may be obtained to protect such relationships.
Do grandparents’ rights include the right to see a grandchild?
Grandparents do not have an automatic right to see a grandchild and above all, whatever the relationship between estranged parents, it is important to step back and try to avoid becoming involved in any disagreement, which is hard to do when it is your own child involved. Maintaining good relationships with the other parent goes a long way in avoiding difficulties further down the line.
Can a grandparent apply to the Family Court to see a grandchild?
Yes, but grandparents do not have an automatic right to apply to court to see a grandchild in the same way as a parent may apply to see and spend time with their own child. However, the Family Court would rarely refuse permission (or leave) for a grandparent to make an application, providing there is no good welfare reason why it should not, providing they 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 one year prior to the application being made.
How can I apply to see my grandchild if I’m being prevented from doing so?
It is important that early advice from an experienced child and family lawyer. Time can be of the essence and leaving matters too long can engrain difficult circumstances. Unless there are urgent circumstances, getting an initial court hearing will take a minimum of four weeks or more in any event, and as a first step, you will be required to attend a Mediation Information and Assessment Meeting (MIAM) to see if it is possible to resolve matters with the assistance of a Mediator.
What orders can the Family Court make?
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. Each family is different though and no two cases are the same. Just because you may have heard that one grandparent has obtained a certain order, it doesn’t necessarily follow that you will.
If you are affected by any of the issues raised here, please do get in touch. We’re here to help you.
