The experts at Flint Bishop offer advice on seeing your grandchildren when parents are separated or during any other family dispute
Few relationships are as special as the bond between grandparents and grandchildren. However, family disputes, especially after a separation, can jeopardise these connections. While grandparents do not have an automatic right to see their grandchildren, steps can be taken to maintain these important relationships.
First steps
In the first instance, you should discuss matters with the parents to try and agree what arrangements are in the child’s best interests. If communication with the parents breaks down or if contact with your grandchildren is withheld, you may wish to attend mediation.
Mediation is a platform to negotiate, facilitated by an independent mediator, whose job it is to try and enable effective negotiations. Mediation offers a chance to resolve conflicts without the need for legal action.
If mediation is unsuccessful or deemed unsuitable, grandparents can ask the court for permission to apply to spend time with their grandchildren.
Taking legal action
Applying to court to see your grandchildren may feel overwhelming, but it can sometimes be necessary if all other courses of action are unsuccessful.
If choosing to take legal action, it is important for grandparents to seek legal advice as soon as possible after a family dispute as delays in filing an application can make it harder to prove the importance of an ongoing relationship, especially with very young grandchildren.
Grandparents must obtain permission from the court to apply for contact under the Children Act 1989. They must demonstrate the value of the relationship and that maintaining this bond is in their grandchild’s best interests.
Once permission is granted, the court will consider the child’s wellbeing, their bond with you, and any potential impact on family dynamics before deciding whether there should be an order for your grandchildren to spend time with you and when.
The final arrangements will be recorded in a child arrangements order which usually remain in place until the child reaches the age of 16.
Enforcing contact orders
If an order is made confirming your grandchildren should spend time with you and the parent withholds contact contrary to the order, this will be a breach and could amount to contempt of court. You may need to return to court to enforce the order. However, having experienced legal support during the original proceedings can simplify this process and help prevent potential issues in the future.
Legal support is key
At Flint Bishop, our family law team has extensive experience helping both parents and grandparents secure child arrangements.
If you need advice or are facing challenges regarding child arrangements or any other issues arising from a family dispute, get in touch with our family department using the contact details below. We’re here to help you in these difficult times and safeguard these cherished relationships.
Contact Flint Bishop today.
Tel: 01332 226116
Email: [email protected]
Web: flintbishop.co.uk
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