Grandparents lose contact with grandchildren following family separation and divorce

It can be devastating to see your child separate from their partner. This an be made worse if you are prevented from seeing your grandchildren as a result. However, this is one area in which grandparents can take some meaningful action and it all starts with being in full control of the facts.

IN MORE than 50% of marriage or relationship breakdowns where there are children involved, it’s a sad reality that grandparents are often prevented from seeing their grandchildren.

We meet many grandparents who are often of the view that they have

“no rights” regarding access to their grandchildren. Thankfully, this is not the case.

While grandparents do not have an automatic right to access, the Family Courts do recognise the invaluable role they often play in their grandchildrens’ lives. Therefore, there is provision for grandparents to seek permission from the Court to make an application for an order to ensure they are permitted to spend time with their grandchildren.

If the Court are satisfied that it is within the best interests that the children see their grandparents, it will grant permission to make an application for a “Child Arrangements Order” which will ultimately, if successful, set out when the children can spend time with their grandparents.

This may not only include time during the day, but also overnight stays including holidays, and other special occasions, for example birthdays. The Court have the power, if satisfied, that the person with whom the children live is wilfully refusing to abide by the order, to punish that person. This may, in some cases, result in imprisonment. The Court can also impose a fine.

If all parties are agreeable it is possible to attend Mediation in order to try and resolve difficulties without the need to resort to court intervention. Mediation is a process where a trained Mediator in Family Law meet with the parties, together or alone, in order to explore whether or not the difficulties between them can be resolved.

As well as mediation, there is also the Collaborative process - a client centred approach which focuses on finding solutions to family problems using specifically trained collaborative lawyers. The Family Law team at Keene Marsland regularly assist grandparents who are experiencing difficulties in maintaining regular visits with their grandchildren. If you are feeling isolated from your grandchildren as a result of a relationship breakdown between your child and their partner, we can advise and assist you with a view to resolving those difficulties either via the Court process or through an alternative.

If you require further information or would like to book an appointment with one of our family law solicitors, then please call us today on 01753 271640 or email us at enquiries@ parfittcresswell.com today quoting reference EXP2020