Understanding Grandparents’ Rights in Divorce

Divorce is never easy, for the couple, the children, or extended family members who are often caught in the emotional crossfire. It can be particularly difficult for grandparents who can face uncertainty and heartbreak when access to their grandchildren becomes limited or strained.

The importance of grandparents

Grandparents often serve as a source of stability, emotional support, and continuity for children, especially during the upheaval of divorce. They may provide childcare, financial assistance, or simply a loving presence in the child’s life. When a divorce leads to conflict between parents sadly, grandparents may find themselves suddenly excluded from their grandchildren’s lives.

How to maintain contact with grandchildren after divorce

If you are being prevented from seeing your grandchildren, we recommend contacting the parent or carer of the children and trying to establish why they are stopping you from spending time with your grandchildren. Do point out the love, care and support you can offer the children at a difficult time and most importantly, do listen to their concerns and see if there is a way to address the issues.

If this doesn’t work, a mediation session with an impartial family mediator may help both parties to navigate the problems, reaching an agreement on contact with the children. If this doesn’t work, 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.

The court process

If none of the above has met with success, grandparents can apply for a Court Order to attempt to maintain access to their grandchildren. The courts will then consider the nature of the relationship between the grandparents and grandchildren and whether any further contact could harm the children. In making a ruling, the court will also prioritise what is in the best interests of the children.

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

Divorce can fracture family dynamics, but it doesn’t have to sever the bond between grandparents and grandchildren. Understanding your rights and the legal tools available can help you preserve these cherished relationships. If you find yourself facing barriers to seeing your grandchildren, we would recommend seeking help from an experienced family lawyer.

Additional information on the rights of grandparents is available on the government website 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 £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.