Seeking Contact as a Grandparent: Navigating Grandparental Rights

Grandparents play a vital role in the lives of their grandchildren, providing love, support, and guidance. However, there may be situations where contact with grandchildren becomes challenging due to family disputes or breakdowns. In England and Wales, grandparents have legal avenues to pursue contact with their grandchildren. This blog aims to provide an overview of the process and options available to grandparents seeking contact.

  1. Mediation and Communication:

Before resorting to legal action, it is advisable to attempt mediation and open communication with the parents. Express your desire to maintain a relationship with your grandchildren and explore the possibility of reaching an agreement that works for all parties involved. Mediation can be a constructive way to address concerns and find common ground.

  1. Applying for a Child Arrangements Order:

If mediation fails or is not appropriate, grandparents can apply for a Child Arrangements Order (CAO) under the Children Act 1989. A CAO determines who the child should have contact with and the nature of that contact. It is important to note that grandparents must first seek permission from the court to apply for a CAO, unless they already have parental responsibility or have lived with the child for at least three years.

  1. The Court Process:

When applying for a CAO, grandparents should be prepared for the court process. This involves completing the necessary application forms and attending court hearings. The court will consider the child’s welfare as the paramount consideration when making decisions about contact. It is crucial to present evidence that demonstrates the positive impact of your relationship with the grandchildren and the importance of maintaining contact.

  1. Factors Considered by the Court:

The court will consider various factors when deciding on grandparental contact, including:

– The child’s best interests and welfare.

– The nature and quality of the relationship between the grandparent and the child.

– The reasons for any breakdown in contact and the potential impact on the child.

– The views and wishes of the child, depending on their age and maturity.

– Any evidence of harm or risk to the child’s well-being.

  1. Support from Family Law Professionals:

Seeking legal advice from a family law solicitor experienced in child law matters is highly recommended. We can guide you through the legal process, help gather evidence and present your case effectively in court. We will ensure that your rights as a grandparent are protected and that the child’s best interests are considered.

As a grandparent, you have legal options to pursue contact with your grandchildren in England and Wales. Mediation and open communication should be the first steps, but if these fail, applying for a Child Arrangements Order can provide a legal framework for contact. Remember, the court’s primary concern is the child’s welfare, so it is crucial to demonstrate the positive impact of your relationship and the importance of maintaining contact. Seeking guidance from us will help you navigate the process and increase your chances of a successful outcome.

If you are a grandparent or other relative seeking contact with a child it is always best to try and find an amicable solution to issues with their parents or guardians. At Alexander JLO we have a team of expert family lawyers to assist you to do just that. We are aware, however that the subject of children can be an emotive one and that amicable solutions are not always possible. We are here to fight your corner if you do need to proceed to obtaining an appropriate Child Arrangement Order. Why not give one of our expert family lawyers a call on 020 75377000 or email peter@london-law.co.uk for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here

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