Grandparents and grandchildren: what the law says about contact
Grandparents often play an important part in their grandchildren’s lives, but after separation, bereavement or a family dispute, that contact can suddenly be lost.
In England and Wales, grandparents have no automatic right to see their grandchildren. However, the law does provide ways to seek or restore contact, and the court’s focus will always be the child’s best interests. Amanda Wilson, Partner at Berry & Lamberts Solicitors, explains.
Who decides who a child sees?
Under the Children Act 1989, day-to-day decisions about a child’s upbringing are made by those with parental responsibility. Grandparents are recognised as relatives, but they do not automatically have parental responsibility or a say in who the child sees.
Start with a conversation
When relationships have broken down, the first step is usually to try to talk. Court proceedings are costly, slow and stressful, with no guaranteed outcome. A calm conversation, a letter, or help from a trusted family member may help restore contact.
If direct discussion is not possible, family mediation is often the next step. Before most court applications about a child, the applicant must attend a Mediation Information and Assessment Meeting (MIAM) to see whether mediation could resolve the dispute.
Amanda Wilson
Applying to court
Where mediation is unsuitable or unsuccessful, an application to the family court is possible. The order most likely to be relevant is a Child Arrangements Order. This can set out when and how a child spends time with a grandparent.
Unlike parents, grandparents usually need the court’s permission, known as “leave”, before they can apply for a Child Arrangements Order. When deciding whether to grant leave, the court will consider the nature of the proposed application, the grandparent’s existing connection with the child, and any risk that the application could harmfully disrupt the child’s life.
When permission is not needed
In certain circumstances, a grandparent can apply for a Child Arrangements Order without first seeking leave. The main route is where the grandchild has lived with the grandparent for at least three years. That three-year period need not be continuous, but it must not have started more than five years before the application or ended more than three months before it. Leave is also unnecessary where everyone with parental responsibility for the child agrees to the application, or, if the child is in local authority care.
There is another, more limited exception. A grandparent can apply without permission if the grandchild has lived with them for at least one year immediately before the application. But this only applies to an application about where the child lives, not contact.
How the court decides the substantive application
Once leave is resolved, the court decides the application by reference to the child’s welfare, which is the paramount consideration. The wishes of parents or grandparents do not override it.
The court considers the child’s wishes and feelings, needs, the effect of any change, any risk of harm, and each adult’s ability to meet those needs. It may order direct contact, indirect contact, or both.
When parents cannot care for a grandchild
Some grandparents step in when parents cannot care for a child. If the arrangement is likely to be long-term, a Special Guardianship Order may be appropriate. This gives the grandparent parental responsibility until the child is 18, while the parents retain theirs in the background.
Where a local authority is already involved and a child is in care, grandparents may be assessed as kinship carers.
Where to go from here
Losing contact with a grandchild, or worrying that contact is slipping away, is one of the hardest experiences in family life. The law does not give grandparents the automatic rights some feel it should, but it does provide avenues for the relationship to be considered by a court, and it recognises that maintaining a meaningful bond with a grandparent is often in a child’s best interests. If you are in this position, please get in touch with one of our friendly family solicitors for advice tailored to your circumstances.
Amanda Wilson, Partner
Berry & Lamberts Solicitors
www.berryandlamberts.co.uk