CAFCASS and Grandparent’s Rights

CAFCASS and Grandparent’s Rights

A separation or a martial breakdown is a very challenging time for the whole family, but this is especially so for children involved. Children can experience a feeling of limbo where their own world is going through big and difficult changes that they can struggle to understand. As grandparents, particularly if you and your grandchildren have a close relationship, it can be difficult to be involved in this process and work to maintain that relationship.

A good way to keep a good relationship is to reach out to the parents in the first instance, one of which of course will be your own child. You should ask for permission to make contact and seek guidance from them as to how to go about this. It may be, however, that there are conflicts between yourself and the parents. It can be a good idea to try and deal with these conflicts and resolve any hard feelings before focusing on the children.

However, it is unfortunate that sometimes grandparents can be forgotten in working out post-separation arrangements, or that family conflicts are such that grandparents end up cut off from their grandchildren. It is a common question that comes to us at Direct Mediation Services: Do I, as a grandparent, have rights to see my grandchild?

Grandparents Rights: Do they exist?

It is a common misconception that grandparents have a legal right to see their grandchildren. It is not the case, but don’t give up reading at this point!

As grandparents, this can come as a shock and be quite upsetting. The most important thing you can do as a grandparent is try to maintain a good relationship and contact with your grandchildren during their parents’ separation. As above, trying to rebuild the relationship with your grandchildren’s parents and be supportive of them with their separation is conducive in achieving this.

There are times, however, where this doesn’t work. Sometimes, as grandparents, you can be denied any contact at all with the children and despite best efforts to resolve this yourselves, it is unsuccessful. In these circumstances, whilst there is not a legal right to spend time with your grandchildren, you can make an application to the family courts.

Your first step is to attend a Mediation Information and Assessment Meeting (MIAM) with one of our trained and accredited family mediators, who can provide you information and assess your case’s suitability for mediation. Please read here to see how mediation can help you.

In some cases, mediation is unsuitable, or the other party declines to attend. In these circumstances, you will need to make an application to the Court for permission to apply for a Child Arrangements Order.

Court should always be your last resort. It is a costly and time-consuming process – the application itself costs £215. If you are considering making an application to Court, you should check if you qualify for Help with Fees.

Before the Court even considers making a Child Arrangements Order, they will firstly consider if they can grant permission for you to make an application. Generally, permission is required by anyone applying for an order relating to a child who does not have parental responsibility. When making this decision, the Court will always take into account the child’s best interests first. They will consider your relationship with your grandchild and whether making such an order would be in your grandchild’s best interests. In considering best interests, the Court may consider the age of your grandchildren and also their wishes and feelings.
Know more about grandparents right to see grandchildren.