The Law and Grandparents Rights

Often they lose contact with children involved as the estranged partner moves to a new area or strained relationships with ex-partners make contact difficult. This denies both the grandparent the joy of watching the children grow up and means children miss out on the valuable nurturing that older generations can bring to their development.

No real precedent has been set that gives grandparents access rights so it is still difficult to try and safeguard contact in law. It is largely reliant on the good will of the parties involved.

The first step for a grandparent who fears losing contact should be to approach the child’s mother or father and explain that, no matter what the problems are between the parents, you as a grandparent do not intend to take sides but that you only wish to maintain contact with your grandchildren.

If that is not successful, you can try mediation. For this to take place, both sides have to agree to mediate. It is not a compulsory process, though some courts are now attempting to make it so.

The final resort is an application to the court. Here grandparents are at a disadvantage compared to parents since there is no presumption of contact and it is necessary to apply for leave to make an application. This is the first hurdle. The parent may object, in which case the court must be persuaded, usually by way of a full hearing, that the grandparent had a meaningful and ongoing relationship with the child and that it is in his or her best interests for this relationship to continue.

If that hurdle is crossed, your application will then be considered. More often than not, there will be welfare issues to be determined and the court will appoint a Children and Family Court Advisory and Support Service (CAFCASS) officer to prepare a report which will be presented to the court. These take between 12 and 16 weeks to complete.

If the report is favourable, the mother may still not agree, which will mean a full hearing with both sides having to give evidence.

If the court finally makes an order but the mother or father refuses access, it is unfortunately, very difficult to enforce the order. This could be because taking action against someone who refuses to adhere to an order could, ultimately, lead to the parent going to prison, which is not in the best interests of the child.

It is important, therefore, that when there are problems, legal advice is sought about the options available. Early advice will allow you to understand your options and act in an appropriate way so as not to unsettle what could be a very delicate situation.