Grandparents are a rock in many families. They can offer a sense of identity and solidify family values for children. They can also provide much-needed emotional support.
But when a family relationship has broken down, a situation can arise that sees grandparents suddenly cut off from their grandchildren. In these cases, do grandparents have the legal right to see their grandchildren? That’s the question we will address in this article.
The quick answer is this – under UK law, grandparents have no automatic right to contact with their grandchildren, legally. Parents with parental responsibility decide who their child sees.
Let’s discuss this scenario in more detail.
Options for grandparents
While there is no automatic right for access to their grandchildren, grandparents do have practical and legal options. Here is the process that is usually undergone in the UK:
Informal arrangements
An attempt to resolve matters directly with the child’s parents is seen as the first step. Trying open and respectful communication that focuses on what is best for the child can sometimes prove successful in easing tensions. Whether it’s a video call or short visit, limited arrangements can help to keep communication channels open.
Mediation
If informal conversations are not successful, family mediation is the next recommended step in the UK. This involves both parties working with a trained mediator in a neutral environment to find a compromise.
Attending a Mediation Information and Assessment Meeting (MIAM) may be a legal requirement before such a case goes to applying to court in England and Wales, unless an exemption applies. Mediation offers several advantages over going to court, including speed, cost effectiveness, and, for many people, a lot less stress.
Court application – Child Arrangements Order (CAO)
If mediation has proven unsuccessful, an application can be made to the family court to seek a Child Arrangements Order (CAO). This is an order that sets out the details of a grandparent’s contact with a child, including when and how contact is made.
Because grandparents do not have automatic rights. Grandparents must apply to the court for a CAO because they do not have automatic rights to contact. In deciding whether to grant a CAO, the court will consider the nature of the relationship between the child and the grandparent, as well as reasons for seeking contact and any potential risks or disruption to the child’s life.
How the courts decide
In UK family courts, the primary concern is always the welfare of the child. When considering a grandparent’s application for a CAO, the court will prioritise the child’s well-being and consider factors such as:
The child’s physical, emotional, and educational needs will be reviewed by the court, including whether contact with the grandparent meets these needs safely and positively.
The likely effect of any change in circumstances, for example, after a long absence, re-introducing contact, must be handled sensitively in order to avoid disruption.
The child’s wishes and feelings must be appropriately considered. If the child is old enough and able to express their view, their wishes are considered as part of the process.
The capability of all parties to meet the child’s needs is also crucial. This includes assessing the grandparent’s ability to provide contact that is both appropriate and supportive.
The importance of the relationship with the grandparent, such as the history and strength of the relationship, will be considered, particularly where the grandparent has played a significant caregiving or supportive role.
Grandparents do not possess the automatic right in the UK to see their grandchildren. However, the law still recognises that they play a valuable role in the upbringing of children. As we have discussed in this mini guide, there are several routes to restore meaningful contact between a grandparent and a child – including; informal discussion, mediation or a court application.
Ultimately, the UK’s family courts aim to preserve positive family relationships, provided that doing so is in the child’s best interests.
If you aren’t sure about which legal options are available to you in reconnecting with your grandchildren, why not seek the advice of family solicitors in North Wales at Bennett Smith? We can guide grandparents through each stage of applying for contact.
