Sadly when families break up grandparents are sometimes stopped from seeing their grandchildren by the parent looking after them. What rights do they have to re-establish contact?
Grandparents do not automatically have the right to have contact with their grandchildren, but they can apply to a court for a child arrangements order granting them contact, in the same way as the other parent can. As with applications by parents the overriding consideration is the welfare of the child, but it is generally recognised by the law that contact with grandparents is a good thing for children, unless there is a compelling reason that makes it against the child’s interests. The amount of contact that a court is likely to grant a grandparent usually depends upon how big a role the grandparent has previously played in the child’s life.
There is one procedural difference between a parent applying to a court for contact and a grandparent applying. A parent can apply as of right, but a grandparent must first obtain the leave (or permission) of the court to make the application. In considering whether to grant leave the court will take into account such matters as the grandparent’s connection with the child and any risk there might be of the proposed application disrupting the child’s life to such an extent that they would be harmed by it. Leave is granted in most cases, but having to apply for it can add to the stress, delay and costs involved.
If you would like advice regarding seeing your grandchildren, Family Law Café can help you find it. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.
Image: Chatting with Grandpa, by Kelley Conkling, licensed under CC BY 2.0.