For most, memories of spending time with their grandparents are special but when a couple separates the relationship between grandparents and grandchildren is often forgotten.
Family Solicitor, Victoria Cobham explores the options available to grandparents wanting to establish or maintain a relationship with their grandchildren.
Unlike the children’s parents, grandparents have no automatic legal right to see their grandchildren. Grandparents have two options.
• Agreement with parents
• A Child Arrangements Order
Agreement
The first step should always be to try and reach an agreement with the parents, whilst not binding, this can be recorded and form part of a parenting plan.
Child Arrangements Order
If an agreement can’t be reached, a Child Arrangements Order may be needed. For grandparents this is often a 2-stage process, as they will usually need to request permission from the court to make an application for a Child Arrangements Order.
Stage 1 – Requesting permission
When reaching the decision as to whether to grant permission to apply for a Child Arrangements Order, the court will consider, amongst other factors, the following:-
• the applicant’s (in this case grandparents) connection with the children;
• any risk that the application will adversely disrupt the child’s life
Stage 2 – Applying for a Child Arrangements Order
If permission to apply is granted, the court will set a date for a hearing and may appoint a CAFCASS officer (court appointed social worker) to speak/meet with all the parties and the grandchildren and report back to the court.
In making a decision, the most important consideration is the welfare of any child(ren). The court has a checklist of things which includes:-
• The wishes of the child
• The child’s physical, emotional and educational needs;
• The child’s age, sex, background and any relevant characteristics;
• Any harm or risk of harm to the child;
If you are a grandparent wanting to maintain a relationship with your grandchildren, please contact Victoria Cobham on 01749 342323 or email victoria.cobham@mogersdrewett.com. We can consider your individual circumstances and advise you appropriately.
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