When parents separate, it often causes a ripple effect throughout the family. For grandparents, maintaining contact with their grandchildren can become a challenging issue. Despite the vital role grandparents often play in a child’s life, they do not automatically have a legal right to contact with their grandchildren under UK law. However, legal provisions exist to help grandparents secure contact, even in contentious circumstances.

Under the Children Act 1989, grandparents can apply to the court for permission to make an application for a child arrangements order. This allows grandparents to request contact with their grandchildren, ensuring that the relationship is maintained for the child’s benefit.

Why Might Grandparents Face Difficulties?

Grandparents may lose contact with their grandchildren for several reasons after parental separation, including:

• One parent moving away with the children, limiting access.
• Tensions or disputes between the grandparents and one or both parents.
• A breakdown in communication between the separated parents, affecting extended family relationships.

While these challenges can be disheartening, the law provides a route for grandparents to assert their right to maintain this important relationship.

Applying for Contact Through the Courts

Under the Children Act 1989, grandparents must first apply for leave of the court (permission) to make an application for a child arrangements order. The court will assess the following factors when deciding whether to grant permission:

• The nature of the application – Whether the grandparent seeks regular, meaningful contact with the child.
• The relationship with the child – The quality and closeness of the relationship.
• The child’s welfare – Whether contact with the grandparent is in the best interests of the child.
• Any potential disruption – The impact of the application on the child’s circumstances and relationships.

If permission is granted, the grandparent can then apply for a child arrangements order, which can formalise arrangements for regular visits, phone calls, or other forms of contact.

The Court’s Focus: The Child’s Welfare

It is important to understand that the court’s primary focus is always the child’s welfare. The law does not prioritise the rights of grandparents or parents; instead, it considers the child’s best interests as the guiding principle.

In many cases, the court recognises the value of maintaining relationships with extended family members, including grandparents. Research consistently shows that a positive relationship with grandparents can provide emotional stability, support, and a sense of continuity for children, particularly during times of family upheaval.

Alternatives to Court

Before resorting to court action, grandparents are encouraged to explore alternative dispute resolution methods, such as:

• Mediation: A neutral third party can help grandparents and parents reach an agreement about contact arrangements.
• Family discussions: Open and respectful communication between all parties can sometimes resolve disputes without legal intervention.

These methods are often quicker, less expensive, and less stressful for all involved than going to court.

Practical Tips for Grandparents

If you are a grandparent seeking contact with your grandchildren, consider the following steps:

1. Maintain communication: Keep the lines of communication open with both parents, if possible.
2. Document your relationship: Keep records of the time spent with your grandchildren and any evidence of a close bond.
3. Seek legal advice: Consulting a solicitor with expertise in family law can help you understand your rights and options.

Conclusion

Grandparents play an invaluable role in a child’s life, offering love, support, and stability, especially during challenging family circumstances. While the law does not automatically grant grandparents rights to contact, the Children Act 1989 provides a pathway to securing these relationships when they are in the child’s best interests.

How we can help

If you are a grandparent struggling to maintain contact with your grandchildren, seeking legal advice and exploring all available options can help you navigate this complex process. A proactive approach, coupled with the child-focused nature of the legal system, can often lead to a positive resolution. TV Edwards is highly experienced in advising in these delicate matters. Email us at family@tvedwards.com or call 020 440 8000. We are here to help.