Grandparents' Rights

The breakdown of a marriage or long-term partnership can be upsetting for all concerned.  Often in the whole scheme of things the relationship between grandparents and the children is forgotten as the parents wrestle with their own contact arrangements.

Grandparents, however, are a huge asset to any family; not only do they provide emotional support for the children in this time of uncertainty but they are role models, sounding boards, family historians and recent reports have indicated that up to 82% of them provide child care. Grandparents may end up sharing precious time with the child’s parents during their own contact arrangements, or, in the worst case scenario, having no time with their grandchildren at all.

This begs the question, when a couple divorce what rights do grandparents have to see their grandchildren?  The sad but true fact is that there is only a presumption for contact with children in favour of those with parental rights.  This normally means a mother or a father named on the birth certificate.  That can leave grandparents struggling to negotiate with an estranged son or daughter or their son or daughter-in-law at a time when relationships are in a fragile state. 

The more than you can maintain a relationship with the parents with care, the easier it will be to negotiate contact, either directly through solicitors or by using local mediation services.

There are occasions, however, where the informal approaches are not appropriate or successful and in those circumstances an application to the Court is inevitable.  Grandparents may ask the Court for permission to make an application to see the child in their own right.  Once that hurdle has been overcome, they will be asked to demonstrate that they have a meaningful and important relationship with the child and that it is in the interests of that child for their relationship to continue.

The onus is therefore upon the grandparents to negotiate the hurdles to maintain contact with their grandchildren but the path is a stony one fraught with difficulties.  It is important therefore that when there are problems, legal advice is sought about the options available.  This will enable you to understand your position and act in an appropriate way so that what could be a very delicate situation is not unsettled further.

To contact Raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF. Alternatively you can email sarah.beardmore@raworths.co.uk