When a parents’ marriage or relationship breaks down, grandparents often become unintended victims of that separation.
Grandparents, who are frequently relied upon as caregivers for their grandchildren when parents are busy with work or other engagements, can suddenly be cut off from the lives of those they love.
These caregiving roles often foster meaningful bonds between grandparents and grandchildren. However, when the parents decide to divorce or separate, grandparents are sometimes left in a difficult position, with no automatic legal right to see their grandchildren.
As a grandparent, the first step should always be an open and honest discussion with the parents, seeking to negotiate arrangements in the best interests of the children involved.
When to seek legal advice
If informal discussions do not lead to a solution, grandparents can seek legal assistance. A carefully worded letter from a solicitor can sometimes help to resolve matters without further action.
A solicitor may also suggest mediation, where all parties can sit with a trained mediator in a neutral setting to work toward an agreement. Mediation is often a successful route because it focuses on communication and cooperation, keeping the focus on the well-being of the children.
Should these steps fail, grandparents may need to turn to the Family Court for assistance. Family Courts recognise the invaluable role that grandparents play in their grandchildren’s lives. The grandparents must apply for leave of the court to bring an application for a Child Arrangements Order that the grandchild will spend time with them. If leave is granted then an application can be considered and if appropriate a detailed order can be made.
The court’s primary concern in these cases is always the best interests of the child. This includes consideration of whether continuing a relationship with grandparents is beneficial to the child’s welfare and emotional well-being. Courts will assess if there has been a previously established relationship between the child and the grandparents and whether maintaining that bond serves the child’s best interests.
Family lawyer Vanessa Lloyd Platt has observed a significant rise in grandparents seeking legal advice after being denied access to their grandchildren during divorce proceedings. She warns that the UK lags behind other European nations in recognising the importance of grandparent-grandchild relationships. Under the European Convention, to which Britain is a signatory, every grandchild has the right to maintain a relationship with their grandparents.
If you require legal advice or assistance in relation to these matters, please do not hesitate to contact our family law team, who can guide you through the process with care and professionalism. You can call us on 0845 287 0939, get in touch by email through our online contact form, or use the chat button below.