Legal

CONTACT WITH GRANDCHILDREN FOLLOWING DIVORCE OR SEPARATION

Simon Walker, Family Solicitor, Mogers Drewett

For most, memories of spending time with their grandparents are special but when a couple separates, the relationship between grandparents and grandchildren can be forgotten.

In an amicable separation, the grandparents are likely to maintain their relationship through their own children. However, if the split between the parents is acrimonious and the relationship broken down, or family members are perceived to have taken sides then this is where the problems start and often contact ends. There are though options available to grandparents wanting to maintain a relationship with their grandchildren when parent’s divorce or separate.

Unlike the children’s parents, grandparents have no automatic legal right to see their grandchildren. Grandparents seeking to establish or maintain contact with their grandchildren following a separation have two options open to them: •Agreement with parents •An application for a Child Arrangements Order

Agreement The first step should always be to try and reach an agreement with the parents, either by way of a family discussion or through mediation. Whilst neither are binding, any agreement can be recorded and form part of a parenting plan.

Child Arrangements Order If an agreement can’t be reached, then a court application for a Child Arrangements Order may be required. A Child Arrangements Order sets out with whom a child should live and spend time with.

For grandparents this is often a two-stage process, as they will usually need to request permission from the court to make an application for a Child Arrangements Order.

Stage 1 – Requesting permission Whether to grant permission to allow an application for a Child Arrangements Order, the court will consider, amongst other factors, the following: •The applicant’s – in this case grandparents – connection with the children •Any risk that the application will adversely disrupt the child’s life Please note there are additional considerations if grandchildren are in the care of the Local Authority.

Stage 2 – Applying for a Child Arrangements Order If permission to apply is granted, the court will set a date for a hearing. Prior to the hearing, the court will appoint a CAFCASS officer (court appointed social worker) to speak/meet with all the parties and write a report for the court. The CAFCASS officer will not seek the children’s views unless an agreement cannot be reached by the adults.

At any stage in the court making a decision, the most important consideration is the welfare of any child(ren). The court has a checklist of things that must be taken into account when considering a child’s welfare which includes: •The wishes and feelings of the child, taking into account their age. •The child’s physical, emotional and educational needs. •The likely effect of a change in circumstances. •The child’s age, sex, background and any relevant characteristics. •Any harm or risk of harm to the child. •The ability to meet the child’s needs.

If you are a grandparent and concerned about maintaining a relationship with your grandchildren following a divorce or separation, please do contact your solicitor. They will consider your individual circumstances and advise you on whether to make an application to court.