We can support you in safeguarding your rights as grandparents for meaningful connections with your grandchildren.
The breakdown of a relationship between a child’s parents should not mean that the connection between the child and their grandparents is impacted, but unfortunately that is sometimes the case.
Most children continue to see their grandparents through arrangements made directly with the parents, or as part of the time granted to a parent through a child arrangements order. Under such an order, parents are usually at liberty to spend their time with their child however they wish, including seeing extended family members. However, some grandparents can find themselves in situations where they are prevented from seeing their grandchildren, possibly because their relationship with the parent the child lives with has broken down.
In these circumstances, they may need to make their own application for a child arrangements order which, if granted, would set out the time they may spend with the grandchild or other ways in which they can have contact.
How can our solicitors help?
At Wallace Robinson & Morgan, our experienced family law solicitors are here to help you. We ensure the greatest chance of a successful outcome for you by gaining a thorough understanding of your situation and how it came to be, not only from a factual perspective but psychologically as well. We make it our mission to help you achieve the best possible outcome with as little stress as possible for all those involved.
Why choose Wallace Robinson & Morgan?
At Wallace Robinson & Morgan, we know how important it is to approach these conversations with care and expertise. Whether you are seeking some initial advice or need guidance through a court process to complete a child arrangement order, we’re here to support and advise you every step of the way.
Here’s how our family law team can help:
• Expert Guidance
Our experienced solicitors have detailed knowledge and understanding of the processes and options available. This means we can provide clear advice and ensure you feel confident and supported throughout the process.
• A Calm and Practical Approach
We focus on clear communication that is maintained throughout your case. We take a collaborative and constructive approach and aim to keep things as stress-free as possible for you and your family. Whilst most of our cases settle without the need to go to court, should a contested application be necessary, we will ensure your case is well presented.
• Tailored Solutions
Every family is different, and we work with you to find solutions that suit your unique situation. Paramount consideration is given to the needs of the children and how their welfare will be best promoted.
Do we have to go to court?
No. If you can reach agreement via another method, you may decide you do not need a court order. The court will only make an order if it considers it to be in the best interests of the child to do so. Agreements can be reached outside of courts via a variety of methods including:
- Mediation
- Collaborative Law – we have team members trained in this method of working
- Negotiations through solicitor correspondence or meetings
- Direct discussions between the parties
- Private hearings known as Early Neutral Evaluation which take place outside of the court system
We can help you work out which method may fit best with your situation.
Frequently Asked Questions
Explore the rights of grandparents in family law with our informative FAQs. Gain clarity on your role and legal options.
No. You do not have an automatic right unless you meet certain criteria set out in the Children Act 1989. If you do not meet any of the criteria then you can apply to the court for permission to apply and, if granted, you will then be able to make your application.
No. Before you make an application to the court you must have attended a family mediation and information assessment meeting (MIAM) unless a MIAM exemption applies. This meeting will help you understand the other dispute resolution methods which are available and enable you to consider whether one of those routes may be more suitable.
No. Whilst this presumption applies when considering applications made by the child’s parents the same can’t be said for applications by grandparents. The court’s paramount consideration is the child’s welfare therefore it will consider whether it is in the child’s best interests for time to be spent with the grandparents.
If there are other factors that would mean it is in the child’s best interests to spend time with you then the parent’s hostility towards you should not be sufficient reason to prevent contact taking place.
What to do next?
Kathryn Ferris
Kirsten Wagner
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