A recent YouGov poll found that over 40% of grandparents aged 50 and above have provided regular childcare for their grandchildren. Children are therefore much closer to their grandparents and the impact of family breakdown or divorce, and the loss of contact with them will be felt much more acutely and will create more harm.

In April this year there was a debate in parliament about grandchildren’s rights to contact with their grandparents in which there were calls for a change in the law to remove some of the hurdles grandparents face when seeking time with their grandchildren through the court process.

At present the majority of grandparents, unless they have lived with the child, are required to seek permission of the court before being allowed to pursue an application for contact with their grandchildren. Whilst this is often just a formality, it is an extra step grandparents are required to take and it can lead to additional fees being incurred in respect of preparing the application.

Further unlike for parents, when considering a grandparent’s application there is no requirement for the court to presume that unless it can be shown otherwise, the continued involvement of the grandparent in a child’s life will further that child’s welfare.  This means that grandparents have to establish that it is in a child’s best interests for their application to be granted.

In today’s society where in the majority of households both parents work and grandparents are playing an increasing role in their grandchildren’s lives, there clearly needs to be reform of the existing law to offer greater protection to children in the event of family breakdown. The recent debate was a step in the right direction but as yet there are no concrete proposals for reform, so any change may be a long time coming.

For grandparents struggling to see their grandchildren the key is to get advice at an early stage and not to allow there to be a long period of time where they do not see their grandchildren. Our family law solicitors have significant experience acting for grandparents seeking contact with their grandchildren. We work closely with local support organisations to resolve the matter outside of court if at all possible. If court proceedings are required we have the expertise to effectively manage the process and have successfully helped many grandparents gain access to their grandchildren.

For further information on Family Law or for a free initial telephone consultation please contact Rachel Baker in our Cradley Heath office on 01384 384580 or by email to rbaker@georgegreen.co.uk or Alex Mansfield in our Wolverhampton office on 01902 328365 or by email to AMansfield@georgegreen.co.uk.