Legal

Laura Somoza Simon Walker Rebecca Silcock

Elizabeth Dowler

CHRISTMAS CONTACT AND GRANDPARENTS’ RIGHTS Victoria Cobham, Associate Solicitor, Family Team, Mogers Drewett

Victoria Cobham

Given the lockdown restrictions over the last few years, many grandparents will not have seen their grandchildren over Christmas and will be looking forward to being able to do so this year now that restrictions have eased. However, for grandparents who have a child or children that have separated, Christmas can be a difficult time of year, regardless of Covid. We are often asked what rights grandparents have to see their grandchildren in this event.

The law and legal process 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 – be that directly, at mediation or via solicitors •An application to Court for a Child Arrangements

Order

For grandparents, an application to Court is often a longer and as a result more expensive 2-stage process, as they will need to request permission from the court to make an application in the first place.

Court proceedings are the last resort and wherever possible you should try and reach an agreement with the parents.

Tips for the Christmas period Given that Christmas often becomes a very emotive time of year, with separated parents themselves often finding it hard to agree arrangements, communication and discussions early on is key.

Don’t take sides Whilst communication with the parents can be difficult, try not to take sides and remain neutral. The festive period can be a stressful and hectic time for parents and so offering some respite to both parents during the holidays can provide them with support and also allow you to spend time with your grandchildren.

Be flexible If seeing your grandchildren on Christmas Day itself is not possible, explore other opportunities for contact in the lead-up to Christmas and in the New Year. It may be that you pick a day and treat it as your Christmas Day where you exchange Christmas gifts and have festive treats. There may also be the opportunity to attend school plays or carol concerts.

If seeing your grandchildren in person is not possible, perhaps due to location, then make arrangements for a telephone call or better still, Skype, Zoom or FaceTime where you can watch them unwrap your Christmas present and even play games together.

I hope you are able to reach an agreement before the Christmas break, but if not and you would like advice on your rights as a grandparent, please do contact me.