Do grandparents have the right to see their grandchildren following a family divorce?

Sadly, divorce is a time of challenging emotions for all concerned. With feelings running high, the relationship between grandparents and their grandchildren can get lost in the drama, or even be used as a revenge tactic, when one parent decides to exclude one set of grandparents from their children’s lives.

While grandparents have no legal automatic right to see their grandchildren, there are steps that can be taken to try to restore this valuable relationship.

Why grandparents are important

There are many important reasons for children to develop and enjoy a relationship with their grandparents, before, during and after divorce.

These include:

• Providing stability and unconditional love during a time of great upheaval.
• Providing the children with emotional support and a safe space to share their feelings.
• Providing additional childcare when parents’ post-divorce working arrangements may change.
• Providing financial assistance to help improve the quality of the children’s lives.

Steps to take if you are excluded from your grandchildren’s lives

If you are being denied access to your grandchildren, there are two main routes to try before resorting to the courts:

• Negotiation – this involves sitting down with the children’s parent or carer and trying to understand why they are not letting you continue your relationship with them. Point out the value of the relationship to the children and see if you can reach an agreement.
• Mediation – if this is not possible, a session with an impartial family mediator may be able to help you reach an agreement which is mutually beneficial to all concerned.

Going through the court process

If neither of the above help to resolve the issue, grandparents can apply to the court for an order granting access to their grandchildren. To do this, you must have first tried to resolve matters through mediation by attending a Mediation Information and Assessment Meeting (MIAM).

When considering their ruling, the courts will always decide what is in the best interests of the children. If they decide that it is in their interests and beneficial to maintain the relationship with their grandparents, the grandparents can apply for a Child Arrangements Order. This specifies what access the grandparents can have and is legally binding. This means that any breach of its terms can result in a heavy fine or even imprisonment for the parent obstructing access.

Further information on grandparents’ rights can be found on the government website here https://www.gov.uk/contact-grandchild-parents-divorce-separate

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.