How To Apply For Grandparents Rights
At MyBump2Baby we work with family law solicitors throughout the UK, today we have an expert article from Mogers Drewitt in Sherborne.
This article is about contact with grandchildren following divorce and separation.
For most, memories of spending time with their grandparents will be fond and cherished ones and vice versa. For many working couples, grandparents also provide valuable child care support for their grandchildren. It is not uncommon, within families, that grandparents play a valuable role in their grandchildren’s lives. However, when a couple decides to separate, the focus tends to be on when each of the parents will spend time with the children and the relationship between grandparents and grandchildren is often forgotten.
In an amicable separation, the grandparents may be able to liaise with one or both parents to ensure the relationship is maintained, however, this is not always possible. Family Solicitor, Victoria Cobham explores the options available to grandparents wanting to maintain a relationship with their grandchildren when parents divorce or separate.
What Rights Do Grandparents Have To See Their Grandchildren?
Unlike the children’s parents, grandparents rights to see grandchildren are not automatically granted, and parental responsibility of the children is not automatically granted to the grandparents. Grandparents seeking to establish or maintain contact with their grandchildren following a separation have two options open to them.
- Agreement with parents
- An application to the court for a Child Arrangements Order.
Try and Come to an Agreement with the Parents
The first step should always be to try and open up a dialogue with the parents to try and agree on arrangements. There are a number of ways that you can open the lines of communication be that writing a letter, or attending a roundtable meeting or mediation. A family mediator can help to solve any disagreements or family disputes between the two parties or family members and help them to come to an agreement.
If an agreement is reached, whilst not binding, this can be recorded in correspondence or part of a parenting plan.
Child Arrangements Order
If an agreement can’t be reached then a court application for a Child Arrangements Order may be required. A Child Arrangements Order sets out with whom a child should live and spend time.
For grandparents, this is often a 2-stage process, as they will usually need to request permission from the court to make an application for a Child Arrangements Order.
The family courts have a very strict set of criteria that grandparents need to meet before allowing automatic applications and so for the majority permission to apply is required.
Stage 1 – Requesting permission to apply for a Child Arrangements Order
When reaching the decision as to whether to grant permission to be able to apply for a Child Arrangements Order, the court will consider the following factors:-
- the nature of the application i.e., what Order(s) you are asking the court to make;
- the applicant’s (in this case grandparents) connection with the children;
- any risk that the proposed application will disrupt the child’s life to an extent that they are harmed by it.
Please note there are additional considerations if grandchildren are in the care of the Local Authority.
Stage 2 – Applying for a Child Arrangements Order – Children and Family Court Advisory and Support Service (CAFCASS)
If permission to apply is granted the court will set a date for a hearing but this process may involve two or more court hearings. Family court is usually the last option, as it can be both emotionally draining and expensive for all of the fees (including a family lawyer). To make this process easier to manage financially, you should ask for fixed fees at each stage of the process.
The court may appoint a CAFCASS officer (court-appointed social worker) to speak/meet with all the parties and the grandchildren and report back to the court.
In making a decision about whether a Child Arrangements Order should be made, the most important consideration is the welfare of any child(ren). The court has a checklist of things that must be taken into account when considering a child’s welfare which includes:-
- The wishes and feelings of the child taking into account their age;
- The child’s physical, emotional and educational needs;
- The likely effect of a change in circumstances;
- The child’s age, sex, background and any relevant characteristics;
- Any harm or risk of harm to the child;
- The ability to meet the child’s needs.
Contact Us for Professional Legal Advice
If you are a grandparent and concerned about maintaining a relationship with your grandchildren following a divorce or separation, please contact Victoria Cobham on 01749 342323 or email [email protected] we can consider your individual circumstances and advise you on the correct legal process.
Mogers Drewett are authorised and regulated by the Solicitors Regulation Authority. All Partners of Mogers Drewett are solicitors, qualified to practice in England and Wales.
Hi, I'm Emma and I'm MyBump2aby's family law, protection and financial editor. I'm passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
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