As Grandparents’ day approaches this weekend, McAlister Family Law Paralegal, Tunisha Kumar, looks at how grandparents can contact their estranged grandchildren. In many cases it is in the best interests of children to have a relationship with their wider family, particularly their grandparents. But how easy is the process?
What is Grandparents’ Day?
Grandparents Day is celebrated on 6th October 2024 and is dedicated to acknowledging and celebrating the important contribution made by grandparents to their families. It is also a reminder of the important role they play in their grandchildren’s upbringing and wellbeing.
What are Grandparents’ rights?
Currently, as the law stands, grandparents have no automatic legal right to contact with their grandchildren.
Can one parents stop grandparents from seeing their grandchildren?
If there are no formal arrangements in place, then one parent can prevent grandparents from seeing their grandchildren.
What happens if the parents separate?
When parents divorce or separate it can significantly change the contact that grandparents have with their grandchildren. The loss of such intimate connections can impact upon a child’s emotional welfare and can be detrimental to their wellbeing.
To avoid such distress, informal agreements or mediation between parents and grandparents can often result in reaching contact arrangements. Agreements can be drawn up by experienced family lawyers to include when grandparents can visit their grandchildren and/or contact them virtually by phone.
Do Grandparents have to go to court?
You would be required to attend a Mediations Information and Assessment Meeting (MIAM) first to see if it is possible to resolve the conflict outside of the court arena, with the assistance of a Mediator.
The primary aim of mediation is to help families reach an amicable arrangement between themselves. The Mediator would help facilitate negotiations and identify a common ground.
Here at McAlister Family Law our team of specialist Lawyers can assist in representing parents and grandparents during the Mediation process.
Can Grandparents apply to the courts for access to grandchildren?
Unless there are urgent circumstances, getting a court hearing can take many weeks.
In situations where an agreement cannot be reached, grandparents can apply for permission from the Family court, to apply for a Child Arrangement Order to allow them to see their grandchildren.
In deciding whether to give permission for such application, the court will consider: –
- The nature of the application
- The relationship between the grandparent and grandchild
- Any disruption or harm that could be caused to the child as a result of any proceedings
The main factor to any court decision would be what is in the child’s best interests.
Speaking with a family law solicitor early on can help protect your relationship with your grandchildren. If you are in a similar situation of conflict, please feel free to contact a member of the team at McAlister Family Law at [email protected]
We are here to help you.
