Do grandparents have the right to see their grandchildren after divorce?

In the aftermath of divorce, if one parent decides to stop their children from spending time with an ex-partner’s family, it can be heartbreaking for both the grandparents and grandchildren. What’s more, when this is the case, it can be hard to accept that grandparents have no automatic legal right to see and maintain a relationship with their grandchildren.

This often means that grandparents miss out on watching their grandchildren grow up and are denied the chance to have a close and loving relationship with them. The grandchildren also miss out on the wisdom, support, stability, joy and unconditional love that grandparents can offer. At a time of immense upheaval for children, losing the love and support of their grandparents can be hugely stressful.

What to do if you are prevented from seeing your grandchildren

We would advise contacting the parent or carer of the children and trying to establish why they are stopping you from seeing your grandchildren. Listen to their concerns and see if there is a way to address their issues. It is also worth pointing out that the love and care you can offer the children at what is a challenging time in their lives, can be invaluable.

If this doesn’t work, a mediation session with an impartial family mediator may help both parties to navigate the problems and reach an agreement on contact with the children. Again, if this proves unproductive, it is possible to try to resolve the issue through the courts, but before you do this, you will need to show that you have attended a Mediation Information and Assessment Meeting (MIAM). This proves to the courts that you have tried to sort out the issues before embarking on a legal process.

Using the court process to resolve the issue

As a last resort, grandparents can apply for a Court Order to attempt to maintain access to their grandchildren. To make a ruling on this, the courts will consider several factors including the nature of the relationship between the grandparents and the grandchildren and whether contact between the two could be disruptive and potentially harmful to the children. At all times, the court will determine what is in the best interests of the children.

Where the court decides that maintaining a strong relationship with the grandparents is beneficial to the children, they will grant permission for the grandparents to apply for a Child Arrangements Order. The order is used to specify what access the grandparents can have. It is legally binding and if a parent continues to prevent contact, an application can be made for enforcement by the courts, resulting in a fine or imprisonment.

Additional information on the rights of grandparents is available on the government website https://www.gov.uk/contact-grandchild-parents-divorce-separate.

As a specialist family law firm, we have extensive experience and legal expertise in dealing with all arrangements for children. If you are struggling with the impact of divorce or separation, including all issues relating to children, we offer a no obligation initial consultation for a fixed fee of £100 (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 [email protected] or complete the form below.