In most cases following the breakdown of a relationship between parents, the contact that grandparents have simply forms part of the contact that they have with the parent that belongs to that side of the family. 

There are however some very unfortunate cases whereby the relationship of the grandparents with both parents has broken down. Also, in a very small percentage of cases where neither parent is thought to be capable of meeting the needs of the children, the grandparents may wish to put themselves forward as the main carers of the children. Generally, such cases will also involve Children’s Services. 

Grandparents, just like parents, also have to show that they have considered mediation and have attended a MIAM appointment (unless an exception applies). The mediation step should be given serious consideration as there is no guarantee that a grandparent will be successful in obtaining contact through the courts.

Grandparents do not have an automatic right to apply for a Children Arrangements Order to have contact with their grandchildren. In most cases they will have to apply for permission from the court first. 

When the court decides whether or not to make an order, the paramount consideration is the welfare of the child in question. 

Whilst the court starts from the position that there should be contact between parents and children, unless there are very good reasons why not, there is no such presumption with other members of the family like grandparents. The court has to carry out a very delicate balancing act to decide whether it would be in the best interests of the children to make an order for contact.

If you would like any further information or advice in relation to child arrangements our specialist family lawyers are happy to help. Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.  For all new enquiries, please call 01902 328 365, alternatively you can complete our online enquiry form and a member of our team will be in contact.