What are Grandparents Rights?

Unlike parents, in England and Wales, grandparents do not have automatic legal rights to see their grandchildren following a separation or divorce. However, the 1989 Children’s Act was introduced to emphasize on the importance of child welfare. Under this legislation, grandparents can apply to the court to gain permission to see their grandchildren should the parents deny them access.

However, there are no automatic grandparents’ rights in England and Wales, so, parents can stop them from seeing their grandchildren even if they previously had contact. There are, however, legal recourses that can help grandparents regain contact with their grandchildren. In this blog we will explain what grandparents can legally to see their grandchildren if they were denied contact following a divorce or separation. When a child’s parents separate, it affects the extended family as well as the immediate family.

If you have any further questions regarding grandparents’ rights, you can request a callback from the team at Eatons’ Solicitors.

Can parents stop Grandparents from seeing their grandchildren?

In the UK, there are currently over 1 million children who don’t have contact with their grandparents. Once of the reasons why this is happening is that following a divorce or separation, grandparents do not automatically have the right to see their grandchildren. This means parents can stop them from seeing their children.

However, if the child’s grandparents choose to take the case to court, it will always rule in favour of the extended family’s involvement providing it is within a safe environment. Therefore, they will never deny grandparents the right to see their grandchildren if it is in the child’s interest; particularly when they have had significant part in the child’s life.

One important step grandparents can take if the children’s parents don’t allow them to see each other is a Mediation Information and Assessment Meeting (MIAM).

Setting Up a Mediation Information and Assessment Meeting

As mentioned above, Legal options such as Supervised Contact Orders are not necessarily the best option as they tend to add further trauma to an already stressful situation for the whole family. Normally, the first step to Child arrangements is a MIAM, it is only once this meeting has taken place that a family court will consider the case.

A MIAM consists of a 1-hour session run by a qualified mediator. During this meeting, the parents and grandparents can discuss their situation with somebody who is impartial. The objective of this meeting is to present the couple whose relationship has broken-down with ways of solving problems such as childcare arrangements, finances, and even grandparents’ rights. It intends to take the MIAM is a necessary step if the couple who is divorcing or separating intends on taking their case to court, whereas Mediation is voluntary and seeks Grandparents an out of Court solution to the issues.

Often if a MIAM takes place to decide on whether grandparents can see their grandchildren, the couple is asked to consider whether the grandparents’ involvement in their children’s lives will be beneficial. This is because a relationship with grandparents offers the child additional emotional support, allows them to stay in touch with their heritage and family history, and helps them develop additional social skills by allowing them to interact with people of different ages. Moreover, grandparents are often integral to the family’s support system especially if they look after the children on a regular basis or provide valuable advice to the whole family. If a MIAM fails, and only then, can the case go in front of a family court. However, the court will always see the benefits of the child having a relationship with their grandparents and will, therefore, generally allow grandparents to see their children.

When to Apply for a Child Arrangements Order?

If the MIAM doesn’t solve the issue of allowing the grandparents to see their children, then the grandparents have the right to apply for permission to make a Child Arrangements Application (CAO). However, this can only be done under specific circumstances. This is because a CAO determines who the child will live with, as well with who they can spend time with and how long they can spend with those people. More importantly though, a CAO determines who has parental responsibility over the child, so if a child has been living with their grandparents for at least one year, then the grandparents can apply for a CAO without needing permission. However, this order (an official proclamation made by a judge that authorises specific steps to be taken) is only awarded following a court hearing.

What Happens During A CAO Court Hearing?

The court proceedings start with a First Hearing Dispute Resolution Appointment (FHDRA) which takes place 4 weeks after issue of the application. During this hearing, the judge will consider the safeguarding information and will encourage both parties to come to an agreement during the hearing, but evidence will not be disclosed. If that can be done, then, the judge might deliver their ruling at the end of the FHDRA.

However, if there is no resolution during the first hearing, then the judges will normally make Directions to progress the case to a fuller hearing. In this case, the judge will ask Children and Family Court Advisory and Support Service to prepare a report. This will normally happen within 16 weeks, after which the judge can order for a Fact-Finding Hearing to take place during which both parties will give evidence.

The Dispute Resolution Appointment follows the Fact-Finding Hearing. During this step of the process, the court will deliver its decision based on the report delivered by the Children and Family Court Advisory and Support Service and the evidence heard during any Fact-Finding Hearing. The case ends if a decision is reached. If not, then the case goes to a Final Hearing prior to which a witness statement must be prepared. The Final Hearing is a form of trial during which each party can give evidence and challenge evidence provided by the other party by asking questions. The judge will listen and come to a decision regarding the order.

It is worth noting that applying for a CAO is a lengthy process and must considered as a last resort particularly as there is an appeals procedure. This appeal is only allowed if the court is deemed to have delivered the wrong decision or if the decision is unjust.

Eatons Solicitors have solicitors who specialise in family law and can provide you with the necessary advice regarding CAO’s and other grandparents’ rights.