Legal Briefing

In a weekly column, solicitor Juliet Phillips-James casts her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

QI haven’t seen my grandchildren since March. I used to look after them every other Friday to give my son and his wife a bit of a break. I also used to help with the school run during term time. I understood my son’s decision to distance himself at first, as I was considered to be in the ‘vulnerable’ Covid-19 category.

However, I am thankfully no longer classed as vulnerable and since the lockdown rules have relaxed I have been looking forward to seeing my family. I have tried to talk to my son, but he doesn’t respond to me. I just want to spend some time with my grandchildren. Please will you explain what my options are?

AThe first step would be trying to negotiate a mutually agreeable way forward. This can be done through correspondence between your solicitor and your son.

If he would like to have the help of his own solicitor, then we will liaise with them directly. Sometimes we suggest that contact takes place by telephone or video call, to build on your existing relationship and when all parties are happy, this can progress to direct contact.

If negotiations are unsuccessful, we could refer you to a family mediator.

Mediators act as a go-between, and will speak with you and your son in a neutral environment. This could take one or many sessions, and depends entirely on engagement in the process.

If you find your relationship with your son is strained, you can sit in separate rooms and the mediator will shuttle between you.

If this is successful, and you would like something solid to rely on, we would proceed by way of a Consent Order. However, if mediation is unsuccessful for any reason we would proceed with an application for leave to apply for a Child Arrangements Order.

As a grandparent, you do not have an automatic right to apply for a Child Arrangements Order, and will need the court’s permission.

First, you need to show the court the relationship you have previously enjoyed with your grandchildren. Second, you need to show that it would not be disrupting or harmful to them if you were to have contact. If permission is granted, you can then proceed with your application.

Find more legal advice from Juliet Phillips-James at... http://gomerwilliamssolicitors.co.uk