How can I see my Grandchildren?

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. There are exceptions for example if every other person with parental responsibility has given their consent.  The idea behind the requirement for permission is to act as a filter to protect children from unwarranted interference to family life. 

When the court decides whether or not to make an order, the paramount consideration is the welfare of the child in question. The court also considers the welfare checklist just as they would do in proceedings between parents.   

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.

George Green’s Specialist Family and Divorce Lawyers give advice regularly to grandparents. If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office.