In England and Wales, grandparents do not have an automatic legal right to see their grandchildren. However, the Family Court recognises the importance of these relationships and will often encourage contact to take place.
If difficulties arise, Mediation is usually encouraged as a less confrontational route to resolving matters. Mediation can often lead to sensible agreements that work for everyone involved. It can also demonstrate a willingness to act in the child’s best interests.
If is not possible to reach agreement, grandparents can apply for a Child Arrangements Order (CAO) through the Family Court under section 8 of the Children Act 1989. The Court’s primary consideration in such cases is the welfare of the child. The Court is more likely to make a CAO if a grandparent can demonstrate a positive connection to the child and show that the relationship would further enhance the child’s emotional stability and development.
Before making such an application, the grandparent will in the first instance need to seek permission from the Court. They will need to demonstrate how they have supported the child in the past and how they will support them in the future.
In public law proceedings, grandparents may be involved as respondents if they have parental responsibility for the child or have been put forward as alternative ‘kinship’ carers. The Court will assess the viability of such arrangements, always prioritising the child’s welfare. Grandparents can also apply for Special Guardianship Orders (SGOs), which provide them with enhanced parental responsibility without severing links to the parents. In cases where a child is looked after by a local authority, grandparents may need to apply for permission to have contact with the child unless they fall within certain exceptions. The local authority has a duty to allow reasonable contact provided the grandparents meet specific criteria.
The European Convention on Human Rights (ECHR) also plays a role in protecting grandparents’ rights, particularly the right to a fair trial and the right to private and family life. Courts are required to consider these rights when making decisions about grandparental contact and care.
Securing contact with a grandchild may seem daunting, but it is certainly achievable with the right advice and guidance. Stuart Duncan is a specialist Family Lawyer and Partner at Rowberry Morris, based at our Tadley office. If you have any family law issues, please contact Stuart on 0118 982 3774 or stuart.duncan@rowberrymorris.co.uk