Grandparent Rights | What You Can Do If You’re Stopped From Seeing Your Grandchildren

For many families, grandparents play a vital role in their grandchildren’s lives, offering love, stability, and support. But what happens if you are suddenly prevented from seeing your grandchildren?

It can be deeply distressing and confusing, but there are legal options available to help.

At Hegarty, our family law solicitors advise grandparents on their rights and guide them through the legal steps to maintain a relationship with their grandchildren.

Mediation: The First Step for Grandparents

If you are being denied contact with your grandchildren, the first recommended step is mediation.

Mediators are impartial and can help resolve the issue amicably which benefits the whole family. It cannot also avoid lengthy and costly legal action.

If mediation is unsuccessful, or breaks down, grandparents may then wish to take legal advice.

Do Grandparents Have Automatic Rights?

Grandparents do not have automatic legal rights in respect of their grandchildren, but they can apply to the Court for permission to apply for a Child Arrangements Order to enable them to spend time with their grandchildren. This allows the Court to formally set out the time a grandparent can spend with their grandchild.

What The Court Considers When Granting Grandparents Permission

When permission is sought, the Court will consider the following factors:

The nature of the application

The court will consider what the Grandparent is asking for with the proposed order. This could mean requesting; regular contact, holiday or special occasion contact, indirect contact such as letters or emails, and potentially in some cases, guardianship.

The Court will weigh up whether the request is realistic, proportionate, and in the child’s best interests. A carefully considered application that focuses on maintaining a healthy relationship with the grandchild, rather than creating conflict with the parents, is more likely to be viewed positively by the Court.

The relationship between Grandparent and Grandchild

The grandparents connection with the child in that the Court will consider the role the grandparents played in the child’s life before the dispute arose and if the grandparents played a significant role the Court is more likely to deem that contact is in the child’s best interests.

Any potential risks that might arise for the child if the proposed Order were made

If the Court believes that the application is genuine, and in the child’s best interests, permission will be granted enabling the grandparents to proceed with an Application for a Child Arrangements Order.

Court Orders That Grandparents Can Apply For

Depending on the circumstances, Grandparents can apply for:

• Child Arrangements Orders: this sets out how often and under what circumstances a parent must facilitate contact between a child and their grandparent (including in-person visits, telephone calls or on-line communications)
• Specific Issue Order: to make sure the parents take steps to do something in relation to the child’s upbringing (such as education or medical decisions)
• Prohibited Steps Order: to prevent actions in relation to a child (e.g., moving school or relocating abroad with a child)
• Guardianship: Grandparents can apply for Guardianship in circumstances where neither parent can care for the child

The Court Application Process Breakdown

1. Grandparents must try mediation before applying to the Court for a Child Arrangements Order
2. Apply to the Court seeking permission to apply for a Child Arrangements Order
3. Apply for a ‘spend time with’ Child Arrangements Order
4. First Hearing to see if the issues can be narrowed and agreement reached. If not, directions will be made, and the matter will be listed for a further Hearing
5. A Fact-Finding Hearing may be required if allegations of harm or abuse are made
6. Further Hearings may be required, and reports by CAFCASS, Children’s Services or any other report requested earlier in proceedings considered.
7. The matter will ultimately be listed for a Final Hearing, where the Court will make a decision, if an agreement has not been reached during the course of the proceedings

Any decision made by the Court will be made in the best interests of the child and if the Court takes the view that contact with the grandparents is in the child’s best interests then a Child Arrangements Order will be made setting out the terms of that contact.

What If The Parents Refuse To Comply With The Court Order

If parents refuse to comply with a Child Arrangements Order made by the Court, then the grandparents should:

• Keep a diary setting out the breaches of the order
• Try to mediate the issues
• Apply to the Court to enforce the Order (possible penalties for parents include community service, fines or even sometimes imprisonment)
• Apply to the Court to vary the Order if circumstances have changed
• Seek legal advice

What Next And How Can Hegarty Help?

If you are a grandparent, who is being denied contact with your grandchildren, it is imperative that you seek legal advice given the complexity and sensitive nature of these issues.

Our experienced family law solicitors at Hegarty can guide you through your legal options and help you take the right steps to protect your relationship with your grandchild.

You can then proceed in the knowledge that you are fully aware of your legal rights and the legal options available to you.