Costa Kyriacou, of Ringrose Law, explains grandparents’ rights for access to their grandchildren

We often receive enquiries from grandparents whose son or daughter have separated from their partner, and they are now being prevented from spending time with their grandchildren.

This comes as no surprise as when a dispute arises between the parents of a child, grandparents will often find themselves in an uncertain and at times, difficult position.

This can be even more difficult this time of year as we approach Christmas time and families coming together to celebrate together, writes Costa Kyriacou, of Ringrose Law.

So the question is: What are grandparents’ legal rights in relation to their grandchild?

The unfortunate truth is that at present, there is no automatic legal right to a relationship with a grandchild. However, grandparents who are keen to maintain a relationship with their grandchildren still have options available to them.

Informal agreement

Before you consider taking any additional steps, you may reach your desired outcome by simply communicating with both parents. The grandparents can agree an informal arrangement with both parents to be able to have contact with the children.

In instances where communication has broken down, there are additional steps that can be taken.

Mediation

If an agreement between those involved cannot be reached informally, an independent family mediator can be used to assist the parties arrive at an agreement.

Mediation can be a far quicker and more cost-effective method of settling disputes without the need to go to court, and is an amiable means of resolving the issue where the direct approach cannot work.

Mediation is also a necessary step in court proceedings, as you must attend a Mediation Information and Assessment Meeting (MIAM) prior to making any application to the court and prove this within any court application.

Applying for a court order

It may be that you have tried the above options and are still unable to reach agreement. In such circumstances, you may deem it to be necessary to take the matter to court.

Upon a successful application, the Court can make a Child Arrangements Order which will make enforceable orders for contact with the child.

However, due to grandparents not having automatic legal rights in relation to their grandchild, they must first apply for permission from the court before they can apply for a Child Arrangements Order.

Part of the criteria when deciding whether or not to grant permission is: the connection between the grandparent and the child and, any potential disruption to the child’s life caused by the proposed application.

If permission is granted, the court will then consider the application for a Child Arrangements Order.

Ultimately, the court’s decision will come down to what is in the child’s best interests.