Family law guide
By Iblal Iqbal
Part of: Grandparents Rights
A contact order for grandparents should be a priority where child access issues arise relating to grandchildren.
Grandparents do not have an automatic right to see their grandchildren. If contact is denied, they must often take legal steps to gain access, such as applying to the court for permission to see their grandchildren.
A breakdown in relationship or divorce is a difficult and turbulent time. It is more difficult for children who do not know what lies ahead for them and who they will live with or where they will stay. This uncertainty can affect all family members and increasingly it can affect grandparents. This often leads to ambiguity over grandparents and not being able to see their children as often as they would like. The lack of an automatic right for grandparents to contact their grandchildren applies in both the UK and the U.S., where rights are determined by state law.
Are you a concerned grandparent who does not have any contact with their grandchildren or are concerned as to what the future holds? At Kabir Family Law our specialists are have a vast amount of knowledge in child law and our specialists can inform you of grandparents rights as well as advising you on how we can assist you in exercising your rights.
Under UK law, grandparents do not have automatic legal rights to see their grandchildren. If you are a grandparent trying to keep or regain contact, you usually need to apply to the court for a contact order or seek parental responsibility, as grandparents do not have automatic parental responsibility under the Children Act 1989. Our family law specialists can assist grandparents in making an application to the court for parental responsibility or in understanding the steps needed to ask the family court for contact.
This guide explains how grandparents’ contact rights work in the UK, including the legal framework under the Children Act 1989, when mediation may be required, how the court decides contact arrangements, and what happens where there are safety concerns or family disputes. The birth certificate also plays a key role in Family Law proceedings, as it is often used to determine the legal status of those seeking contact or responsibility.
It is important to note that grandparents rights do not extend to visitation or contact. However, family courts do recognise the invaluable role that grandparents have to play in their grandchildren’s lives and the court can assist in gaining access to grandchildren via a contact order for grandparents. The legal system also considers the significance of the wider family and the broader network of family relationships when making decisions about contact and the welfare of the child.
If you are denied access to your grandchildren due to any bad feeling between you and the parents of your grandchildren, then trying to resolve the issues is a good starting point. A family relationships break, such as divorce or separation, can make it particularly difficult for grandparents to lose contact with their grandchildren. Try not to take sides and instead attempt to resolve any conflicts and form a positive relationship with the parents. Whenever possible, it is best to reach an informal arrangement and a mutual agreement is usually preferable before court action, as maintaining positive family relationships within the wider family network is often in the best interests of the child. This is a good way to build a good ground on which to progress.
If you maintain an amicable relationship with the parents, then it is likely that both parents may allow you maintain contact with your children. If following a bitter separation the parents are not amicable with you or are failing to allow you contact with your grandchildren then you may be able to speak to an advisor from the Citizens Advice Bureau.
If you are still unable to try and reach an agreement with regards to contact with your grandchildren our family law specialists can try and assist by speaking or writing to the parents. At Kabir Family Law we have assisted many grandparents in exercising grandparents rights out of court and we could use this as a starting point to try and establish some contact with your grandchildren.
If the above fails and you still remain without seeing your children then you would need to apply to the family court for a contact order for grandparents. Our specialists for grandparents rights can provide you with a consultation and provide you with all the information you need to apply for a contact order for grandparents.
Grandparents’ rights in the UK are different from those of parents. Grandparents do not have automatic legal rights to contact with their grandchildren. If you are unable to see your grandchildren, you must apply for a child arrangements order, but before doing so, you must seek permission from the court by making a formal application. The court must grant permission before you can proceed with your application for contact, as grandparents do not have an automatic right to apply.
When considering a court application for granting permission to apply for a child arrangements order, the courts will consider the following:
Once you have permission from the courts, you can then apply for a child arrangements order to seek contact with your grandchildren. A step by step guide can help grandparents understand the legal process of making a court application for contact.
The application for a contact order for grandparents is similar to the process which a parent goes through when applying for child contact. In these cases, the court may issue a court order known as a child arrangements order to determine where the child lives and the nature of contact, including visitation rights for grandparents.
Once the application is processed by the family court it is usually heard before a judge. The court’s decision is based on the child’s best interests and the child’s welfare. The court considers several factors, including those set out in the welfare checklist under the Children Act 1989, including the child’s emotional needs, when making its decision. The court may also ask Cafcass, the Family Court Advisory and Support Service, for information before making its final decision. The court may also take the child’s views into account depending on how old or mature they are.
For some families, the reasons for disagreements and bad feelings are well founded. There can be abuse issues, illnesses, or situations involving domestic violence or domestic abuse, which can cause family members to distance themselves from each other and stop access to grandchildren. In all cases, the court’s primary concern is the welfare and safety of the children involved, especially where there are risks of harm.
Children deserve the right to be brought up in a safe, happy, and loving home. While Grandparents have no legal rights under normal circumstances, if the child’s safety is deemed to be at risk, Grandparents can take steps to intervene. Contacting lawyers for grandparents rights will offer you help and advice in these situations.
In some circumstances the court may warrant placing the Grandchildren with the Grandparents, and these might include:
It will always be the child’s wellbeing which is taken into account when coming to a decision, focusing on what is best for them. Sometimes, legal intervention is necessary to protect the child’s life and well-being. If you are a concerned grandparent, then you can speak to one of our specialists for grandparents rights who will be able to advise you from the outset whether the above circumstances apply to you and the prospect of making such an application to the court.
In cases concerning children it is difficult to provide a timeframe. Each case is determined on its individual circumstances. If however there are welfare and safety issues concerning a child the contact order for grandparents can be fast tracked. During the course of the hearings parties may reach an agreement. In such cases the time it takes for a contact order for grandparents can be reduced significantly. If however no agreement is reached the matter will then proceed to a final hearing which can be quite a lengthy process.
Our family law specialists can assist in negotiations between parents and grandparents. An agreement for grandparents contact can be reached without the need of the court. This is a quick and cost effective process. Contact us today to discuss how we can assist you in reuniting you with your grandchildren.
Grandparents do not have parental responsibility over their grandchildren. This means that they do not have automatic rights to their grandchildren and therefore need permission to apply for a contact order. Courts understand the importance of the role grandparent’s play. The courts are therefore not reluctant to grant this permission, unless there is a good reason to.
Once permission has been sought, grandparents must first attend mediation in the form of a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless an exemption applies, such as domestic violence. The independent family mediator is a neutral third party who helps family members try to reach an amicable agreement regarding child contact arrangements. family mediation aims to help the parties reach a mutual agreement without court. If an agreement can be reached during mediation, there is no need to attend court. However, if mediation fails, the next step is to proceed with a court application. If mediation fails or the other party refuses to engage, the mediator will issue a certificate so the grandparent can proceed with a child arrangements order application. At Kabir Family Law we can assist you in locating mediators who can try and reconcile your family disputes.
Following mediation, if an agreement cannot be reached, then the form C100 needs to be completed. The completed mediation form must also be sent to the court. In the absence of this the courts will not process your application. A court fee of £263.00 will also need to be paid by the grandparent.
Upon receipt of the application, the process may lead to formal court proceedings if agreement is not reached. The courts will decide whether contact is to be awarded. Contact could be either direct or indirect by way of phone calls, video calls, emails and letters. The courts will consider whether the contact for grandparents is likely to be in the best interests of the child.
Unlike parents, grandparents do not have automatic rights to contact with their grandchildren and, if the child’s parents deny contact, may need legal advice before taking further steps. The involvement of the child’s parents is central to resolving or disputing these arrangements. We initially encourage communication with the parents. Grandparents should show parents how they miss the grandchildren and how the children are likely to miss them too. Grandparents should stress the importance of the child’s wishes. If grandchildren want contact this could support your case. Sometimes a gentle reminder may be all that is needed. Parents may need explaining the emotional and financial support provided by grandparents. Courts also look at whether there is a meaningful relationship with the child.
If contact is not negotiated mutually, legal proceedings should usually be a last step, but grandparents have the option of applying to the court. Evidence of regular contact with your grandchildren in the past can strengthen your application. Courts may grant a court order allowing grandparents to spend time with their grandchildren, either through scheduled visits or other arrangements. The court considers what is in the child’s best interests and whether contact with you would be beneficial for them. The welfare of the child is the paramount consideration in child law cases.
There may be times where grandparents may lose contact with their grandchildren for years. This may be due to no fault on behalf of the grandparents.
Quite often grandparents may be unaware of how they can establish contact with their grandchildren. Despite not having contact for years grandparents can still apply for contact. Grandparents can initially try speaking to the parents to understand why contact stopped. Communication without the courts is always a good stop. Quite often families can resolve any issues through communication.
Grandparents who have lost contact can initially seek indirect contact. This can be with the permission of the parents. This can take place via phone calls, video calls emails or letters. Rebuilding contact may start this way before face to face visits are considered.
This can also be used to satisfy the courts of the relationship with the grandchildren if the parents are not agreeable. If all fails grandparents can approach the family court who will make a decision based on the child’s welfare and interests.
In cases where the child’s only parent is incarcerated or deceased, the child might be placed in foster care. However, a grandparent can apply for a child arrangements order, which can determine where the child lives and who has custody. This process operates within the legal framework set out by the Children Act 1989, and the court will assess all of the circumstances, basing custody decisions on the best interest and wellbeing of the child while taking into account grandparents’ rights in the UK. Grandparents may also apply to become foster parents in such situations.
Quite often, grandparents may seek contact with the children of their own children, even if they are not biologically related to those grandchildren. This is possible, as the support and involvement of the wider family can play a crucial role in maintaining relationships and supporting children, especially during family challenges. Non-biological grandparents can approach contact in the same way as biological grandparents. Initially, communication should be made with the parents to see whether they can amicably agree. Failing this, an application will need to be made to the court. The courts will consider the relationship between the grandparents and the non-biological grandchildren. If it is in the best interests of the grandchildren, then grandparents can obtain contact.
It is important that you consult family lawyers. You can often discuss prospects from the outset. Specialist family lawyers will also be able to initiate your communication with the parents which may result in a positive outcome. If this is not possible then you can receive assistance to complete the court process.
Yes as grandparents you can apply for a contact order for your grandchildren at any time and also during existing proceedings, provided you have permission from the court to apply. Our specialists for grandparents rights can assist you in the process and will be happy to help should you choose to contact our offices.
As grandparents don’t have any legal rights, parents can deny contact to grandparents. However if you feel your grandchild is at risk of abuse or harm then despite having no legal rights you may be able to apply to the court for custody or contact of your grandchildren.
Our family law experts at Kabir Family Law offer complete support and assistance from the process of making an application to the court to preparing you for family court hearings should the matter not settle any earlier. Our highly skilled specialists can look to advise you from the onset the prospects in your case and how to best prepare your case.
Our specialists for grandparents rights are here to offer help and advice to explore options in reengaging contact with your treasured grandchildren. If you wish to discuss grandparents rights then contact us today on 0330 094 5880 or let us call you.
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We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
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