According to latest figures from the Office of National Statistics there are an estimated 14 million grandparents in the UK.
Many play a significant role in family life with an increasing number of children being cared for by their grandparents.
But what is the situation with child contact when a relationship breaks down?
Stephanie Smart, Family Law paralegal at Wake Smith Solicitors looks at the issue.
Stephanie said: “Given the increased role played by grandparents these days, withdrawal of contact can be devastating for both the children and grandparents, who can go from spending hours together daily to no contact at all when a relationship breaks down.
Legally grandparents do not have any automatic rights to see their grandchildren following the breakdown of a relationship.
When this happens, the court’s primary concern is the children's welfare, in line with Section 1 of the Children Act 1989. If maintaining a relationship between child and grandparent is in the child's best interest, then the court can make an order for a child to spend time with their grandparents. The grandparents would need to start by making a Section 8 application for a Child Arrangements Order, to spend time with the child/children and requesting permission from the Court to make that application.
If grandparents have spent regular time with their grandchildren, for example childcare while a parent is working, or spending school holidays or weekends with the child, this would strengthen a case for contact.
Obviously, sometimes it is inappropriate, and not in the best interests of the child, to see their grandparents.
However, grandparents can play an important stabilising role for children. Often visits to a grandparents’ home can feel safe and normal when the rest of the world is in turmoil.”
If you feel you might lose contact with your grandchildren, the first step is to approach either parent and explain you wish to maintain contact with your grandchildren..
Mediation is often used when this is not successful.
Early legal advice is essential. An application to Court is the final resort.
Grandparents are disadvantaged compared to parents as there is no presumption that grandchildren should see their grandparents and there is no automatic right to apply to court.
In this case, the grandparents need to seek permission of the court to make an application which they can do at the same time as making their application.
Stephanie added: “Either parent can object to the application. If this happens, the Court must decide what is best for the child/children, giving consideration to Section 1 (3) of the Children Act 1989:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
- the child’s physical, emotional and educational needs;
- the likely effect on the child of any change in their circumstances;
- this child’s age, sex, background and any characteristics of theirs which the court considers relevant;
- any harm which the child has suffered or is at risk of suffering;
- how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs (e.g. grandparents);
- the range of powers available to the court under the Children Act in the proceedings in question.
“Ultimately, the Court will consider whether a continuous relationship would be beneficial for the child/children.”
For further advice contact Stephanie Smart on 0114 266 6660 or email [email protected]
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