Grandparents worried about the lack of contact with their grandchildren following marriage breakdowns are being given legal advice to help repair relationships.
Leading Worcestershire law firm mfg Solicitors has warned that grandparents do not have an automatic legal right to contact with a grandchild in England or Wales.
However, Kennedy Langley, an associate solicitor in the firm’s Family Law team, said courts recognise the important role grandparents can play and can make child-focused orders to allow contact if it is in the child’s best interests.
She said: “The Family Court encourages families to resolve arrangements consensually through communication and family mediation before any court application. If an agreement cannot be reached, grandparents can apply to the Family Court for permission to make a Child Arrangements Order application under the Children Act 1989.”
The court takes various factors into consideration at the permission stage, including the nature of the grandparent-grandchild relationship, the motivation for the application, any potential impact on the child, and whether the application would disrupt the child’s life.
If permission is granted, grandparents can then apply for a Child Arrangements Order seeking direct contact, such as visits and overnight stays, or indirect contact, including video calls and letters.
Ms Langley added: “The child’s welfare is the court’s paramount consideration. The court applies the statutory welfare checklist, focusing on the child’s wishes and feelings, age, sex, background and relevant characteristics, any harm the child has suffered, and the capability of each relevant person to meet the child’s needs.
“Overall, grandparents should consider mediation before proceeding with the court process, and a Mediation Information and Assessment Meeting (MIAM) will generally be required before any application to the court can be made.
“Christmas is almost upon us and it’s understandable that grandparents whose own children have gone through difficult divorce proceedings, or an acrimonious separation, want to ensure they remain part of their grandchildren’s lives. It’s an issue which can cause great anguish.
“However, grandparents should be aware that court applications can take several months, so I would encourage families to try to resolve arrangements by agreement through direct discussions or family mediation. Taking early legal advice can help resolve issues more easily if direct discussions or mediation are not feasible.”
mfg Solicitors has seven offices across the region in Kidderminster, Bromsgrove, Birmingham, Worcester, Telford, Ludlow and the Black Country.