What “ rights ” do I have as an grandparent in relation to spending time with my grandchildren ?
It is recognised by the Courts in England and Wales that Grandparents play a significant role in the lives of their grandchildren and that this can be at risk when families separate .
Unfortunately , under the laws of England and Wales , Grandparents do not have automatic rights to spend time with their grandchildren and unless an agreement can be reached with all parties ’ who have parental responsibility for the children , it will be necessary for an application to be made to the Court to resolve matters . Where an agreement can be reached as to the arrangements for your grandchildren , the court adopts what is referred to as the ‘ no order ’ principle , i . e . the Court will not allow applications to be made to record agreements made between you . The court will only intervene where there is a breakdown in the agreement .
If you are unable to reach an agreement directly or with the assistance of a solicitor through correspondence , then you will need to give consideration to making an application to the Court to resolve matters .
The first step is to attend mediation which is a process whereby you are assisted by an independent third party ( the mediator ) to discuss the issues that have arisen and to try and reach a resolution which is satisfactory to all involved . Mediation can really assist parties in talking and remaining focused on what really matters to you and your family . In any event , mediation is a prerequisite prior to any Court application being made .
If matters are unable to be resolved via the mediation process , then it will be necessary for an application to be made to the Court for an order setting out the time that you are to spend with your grandchildren . This is a twostage process as grandparents do not automatically have rights to bring an application to the Court .
The first stage is an application to the Court for permission to bring an application before the Court in respect of the arrangements for your grandchildren . The Court will consider the merits of your application and then determine whether to grant permission .
Once permission has been granted by the Court , it is then open to you to make a formal application to resolve the arrangements for your grandchildren and the time that they are to spend with you .
The Court takes many factors into account ; however the following four principles are given the highest priority :
• The children ’ s welfare is of the paramount importance – the welfare checklist is set out at Section 1 ( 3 ) of the Children Act 1989 .
• Any delay in sorting out the arrangements for the children is likely to prejudice the welfare of the children .
• The Court shall not make an Order unless it considers that doing so would be better for the children than making no Order at all . This is the no order principle . The Court will not make an order if the parents can agree things between themselves .
• It is presumed , unless the contrary is shown , that involvement of both parents in the life of the child concerned will further the child ’ s welfare .
You may wish to obtain some advice about arrangements for your grandchildren and we have family law specialists available who can provide legal advice and dispute resolution services , including family mediation and collaborative law . If you would wish to speak with one of our Family Law Specialists , please do contact our friendly team .
By Frances Newbury
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