Law Articles

Grandparents’ rights to contact with their grandchildren 24/10/2024

When grandparents seek to establish contact with their grandchildren, the legal process they must go through, as well as the likelihood of success, can vary based on several factors. Unlike parents, grandparents do not benefit from an automatic presumption in favour of contact. The Family Court does not assume that maintaining a relationship between a grandparent and grandchild is inherently beneficial. Instead, the responsibility falls on the grandparents to demonstrate that maintaining contact is in the child's best interests. This creates a more challenging legal path for grandparents compared to parents when disputes over access arise.

Permission to Apply for Contact

Unlike parents, grandparents do not have an automatic legal right to apply for contact with their grandchildren. In most cases, grandparents must first seek permission from the court before they can even apply for a formal Child Arrangements Order (CAO). This preliminary step acts as a safeguard, ensuring that the child’s welfare is prioritised, while also protecting the family from any unnecessary or unwarranted legal interventions. The requirement to obtain permission helps to filter out cases where contact may not be in the child’s best interest, as the court must be satisfied that the application is genuine and potentially beneficial for the child before moving forward.

Best Interests of the Child

Once permission is granted, the court’s primary concern is the welfare of the child. In all family law matters, including cases involving grandparents, the child’s welfare is always the paramount consideration. This means that the court will carefully evaluate whether contact with the grandparents would positively contribute to the child’s emotional, psychological, and social well-being. The court must be convinced that continued contact will provide a meaningful and positive relationship for the child, rather than disrupting their life or causing harm.

One of the key factors the court considers is the nature of the relationship between the grandparents and the child prior to the dispute. If the grandparents have had a strong, positive bond with the child and have played an active role in their upbringing, the court may be more inclined to support ongoing contact. However, if the relationship between the grandparents and the child has been limited or strained, this could make it more difficult for the court to find that contact is in the child’s best interests.

Hostility from the Parents

A common issue in grandparent contact disputes is hostility from the child’s parents, particularly from the parent with whom the child resides. While hostility from the resident parent alone is not enough to automatically prevent grandparent contact, it is an important factor that the court will consider. The court recognises that, in some cases, a parent’s objections to grandparent contact may stem from underlying family conflicts, rather than concerns about the child's welfare. However, the court will look closely at whether the hostility is likely to impact the child’s emotional well-being. If the court finds that the hostility between the grandparents and the parent could cause emotional harm to the child, or create a stressful or unstable environment, it may decide against ordering direct contact. In such cases, the welfare of the child takes precedence over the grandparents’ desire for contact.

Indirect Contact

In some situations, where direct contact is not deemed appropriate, the court may recommend indirect contact as an alternative. Indirect contact usually involves the grandparents maintaining a connection with the child through less intrusive means, such as sending cards, letters, or gifts. This allows the grandparents to continue expressing their love and interest in the child’s life, without placing the child in the middle of any family conflicts or creating additional stress for the parents.

Indirect contact can be a suitable solution when the court believes that maintaining some form of communication between the grandparents and the child is in the child’s best interests, but where direct, in-person contact may not be feasible due to family tensions or other concerns.

Summary

While grandparents often play an important and cherished role in the lives of their grandchildren, securing contact through the Family Court is not a straightforward process. Grandparents must first obtain permission to apply for contact, and even then, the court’s primary focus is on what is best for the child. The court carefully evaluates the child’s welfare, the nature of the relationship between the grandparents and the child, and the impact that contact may have on the child’s stability. Hostility from parents, especially if it could cause emotional harm to the child, can also weigh heavily in the court’s decision.

Ultimately, grandparents must demonstrate that maintaining or establishing contact is in the child's best interests. In cases where direct contact is not feasible, the court may suggest indirect contact to preserve the relationship while minimising conflict. The process involves navigating complex family dynamics, and each case is decided on its unique facts, with the child's welfare as the ultimate guiding principle.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.