Grandparent’s Rights in Private Child Proceedings

Grandparents often play a crucial role in a child’s life and development. A frequently overlooked issue is the impact a relationship breakdown can have on a child’s relationship with extended family. Grandparents who have been heavily involved in their grandchildren’s lives may experience alienating behaviours as a result of a divorce or separation.

However, in the eyes of the law, even if a grandparent assumes a key parenting role this is not the same as having parental responsibility.

Parental responsibility is defined by the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property’. In most cases, it is the birth mother and father who have parental responsibility. A child’s birth mother automatically has parental responsibility, as does a father listed on the birth certificate. Those with parental responsibility are responsible for making key decisions for the child, such as their education, and medical treatment.

Grandparent’s Rights

Grandparents who find themselves in a circumstance where they believe they are being unfairly restricted from time with their grandchildren can take the following steps:

1. Mediation

As with most Family Law matters, the first step the parties should take is attempting mediation. Not only is mediation more cost-effective but it can also foster a healthier family dynamic moving forwards. Mediation can help families understand how to resolve matters amicably, promoting communication and compromise for the future. Court proceedings are adversarial by nature and can increase the emotional strain and damage relationships further.

The first step is a formal meeting called a Mediation Information & Assessment Meeting (MIAM). This assessment can determine whether mediation would be the right course of action for you. For some eligible cases, a Government voucher is available which contributes up to £500 towards mediation costs.

2. Child Arrangements Order

Unfortunately, some matters cannot be resolved in mediation. With the Court’s permission, grandparents can apply for a Child Arrangements Order if they are being denied access to their grandchildren or have concerns about the child’s welfare. A Child Arrangements Order is a Court Order that sets out who has responsibility for the care of a child, which includes who the child lives with and how often they will spend time with the other parent/individual.

Grandparents generally require permission from the Court to make an application for a Child Arrangements Order (CAO). This is because, under the Children Act 1989, grandparents do not have an automatic right to make an application for such orders. An exception would be if the grandparent could demonstrate that the child has lived with them for one year immediately preceding the application.

The Court will consider the following factors (not an exhaustive list):

1. The grandparents’ relationship with the child;

2. The nature of the application;

3. Whether contact with the grandparent would be in the interest of the child; and

4. The impact of contact with the grandparents on the rest of the family.

If the child’s parents raise objections, the parties will have to attend a full hearing and provide evidence. If the Court agree that the application is in the best interests of the child, they will grant permission for the application to proceed.

Once permission is granted, grandparents can formally apply for a Child Arrangements Order by making a Form C100 application. The Court will schedule a First Hearing Dispute Resolution Appointment (FHDRA) and check whether the parties have attended a MIAM.

The purpose of the FHDRA is to identify the issues in the dispute and try and resolve them as quickly and as inexpensively as possible. A Court Welfare Officer, also known as a Cafcass Officer will attend the hearing. Cafcass Officers advise the Court on what they consider to be in the child’s best interests.

If an agreement cannot be reached at the FHDRA, the Court will identify the remaining disputed issues, and further evidence required. This may involve Cafcass being ordered to conduct an investigation and prepare a report.

The grandparent and the parents will have an opportunity to present evidence. The arguments presented should always be child-focused. The Court will make a decision considering all evidence and ultimately based on what is in the best interests of the child. The Court will support contact with grandparents if it is believed to be beneficial.

If you are affected by the issues raised in this article or have any questions, the team will be happy to have a no-obligation consultation to discuss your situation. Please do get in touch with the Leathes Prior Family Team on 01603 610911, email us at info@leathesprior.co.uk, or get started via our online tool here.