Grandparent Contact – Can Grandparents make an application to Court?

Firstly, grandparents (or other family members) need to know that they have no automatic right to make an application to the Court. This right is limited to the parents of a child only, or any other person who has Parental Responsibility for a child.  Generally speaking, grandparents do not have Parental Responsibility – the only people who have Parental Responsibility aside from the parents are, in certain limited circumstances, third parties who may have a Court Order that the child resides with them. 

As such, whenever I am consulted by a grandparent, my first step is to try to make contact with the parent to seek an agreement for the child to see their grandparent.  If this communication isn’t successful, then I will look to make a referral to mediation, in the hope that a mediator can assist with some form of reconciliation and reaching agreement.

If mediation is not successful, then you may then want to apply to Court.  However, as referred to above, non-parents do not have a right to simply proceed with an application to Court for a Child Arrangements Order but instead, must firstly seek the permission of the Court to be allowed to bring that application – it sounds a little confusing but I tend to submit both applications at the same time, which in turn can assist the Court in progressing the application.

Liz Potter, a Legal Executive specialising in family law, based at Jackson Lees Hoylake office

When considering whether a grandparent should be granted permission to bring an application to the Court, the Court will consider the following:-

1. The nature of your application – what is the reason behind your application and how has the situation arisen?  
2. Your connection with the child – grandparents obviously have a close familial connection with their grandchildren but it may be the case that your relationship with the child has been limited or non-existent whatsoever.  If you have always enjoyed a close relationship with your grandchild, then this will assist in the Court making a decision;
3. Any risk to the child that your application may disrupt their life to the extent that the child may be harmed – the Courts have to recognise that a child’s relationship with their parents has to be of more importance than the one they have with extended family. If there are extreme difficulties between the adults, then the Courts will have to consider whether the child having contact with their grandparent will cause further problems at home.

I have also acted for grandparents seeking for their grandchildren to reside with them – these situations are unusual and are usually borne from parents presenting a risk to the children or, sadly, a parent passing away.  We find that in those scenarios, the child is usually already living with their grandparents and the grandparents are looking to formalise things and ensure that they have Parental Responsibility for the child. The same provisions apply in that the permission of the Court has to be sought first, but in these unusual situations, the issue of permission being granted is simply a formality.

If you are a grandparent seeking to have contact to your grandchildren, I would invite you to contact our offices and arrange an appointment with myself or one of my colleagues in order that we can discuss your situation and provide you with the best advice.

If you would like to talk to one of our specialist family law advisers, please call us free on 0808 271 5266 (also free to call from mobiles) or email family@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk