When their children get a divorce or their relationship falls apart and there are grand kids involved, grandparents may find themselves ostracised and left on the outside of the family. When this occurs, few grandparents are aware of their alternatives. This guide to grandparent rights will address all of your questions about maintaining contact with your grand kids.
Even if the parents cannot agree on plans for their children, grandparents can and should make their own arrangements with both sides of the family to visit their grandkids.
What are my rights as a grandparent?
Parental Responsibility: Grandparents do not have parental responsibility, which is the legal term for the rights and duties a parent has towards their child. However, they can apply for a Child Arrangements Order to gain contact. This order can specify with whom a child lives, spends time, or has contact. Grandparents must first seek the court’s permission to apply for this order, demonstrating their connection and the benefits of maintaining the relationship. Before applying to the court, grandparents are encouraged to attend mediation. Mediation is a process where an impartial third party helps families reach an agreement without going to court. Solent Family Mediation offers specialised services to assist grandparents in these situations.
If you have never had contact with your grandchildren or have rarely visited them, the court will be less inclined to issue any child arrangement order. To bring you into their life, a stepping-stone structure may be implemented.
How do I keep in contact with my grandchildren?
1.Try to keep communication. If feasible, you should initially attempt to keep touch with your grandkids. Maintain contact with the parents and let them know you’re there for both of them. Your goal is not to take a side, but rather to offer support to all parties at this tough time. If this talk is tough to have in person, consider drafting an email or letter instead.
Explain how much you miss your grandkids (and how much they must miss you), how eager you are to offer emotional and practical help, and why you don’t want to cease being a part of the family. Suggest that your grandchildren be asked how they feel about keeping contact with you. Depending on the amount of dispute, this may not be successful, therefore you may not obtain a good reaction.
2.The Solent Family Mediation Service. If the initial strategy fails, you should attempt Solent Family Mediation. A mediator will be able to assist both parties in reaching a satisfactory resolution. To accomplish this, you must schedule a Mediation Information & Evaluation Meeting (MIAM). The mediator will take notes, explain the mediation process, and describe the various forms of mediation while you present your case with them.
After determining that mediation is an appropriate course of action, the mediator will invite the parents to mediation in writing. If accepted, students must additionally attend an MIAM. After both parties have completed an MIAM, the mediator will formulate a plan for your joint mediation session. This can be accomplished online through video or in person.
If it turns out that mediation is ineffective, the mediator will produce a mediation certificate so that you can petition the court for a child arrangements order.3.
3.The family court This is the final choice, but sometimes it’s the only way to maintain your relationship with your grandkids.
To initiate this procedure, you must file a C100 application with the court and collect documentation of your present or past relationship with your grandkids.
What can I do now?
You can keep indirect communication as much as possible at this time. If you attempted to continue face-to-face contact but were unable, discuss your plans with the parents. However, keeping indirect touch with your grandkids will depend on their age. If kids are old enough to utilise mobile devices and computers, you can text and video contact them on a regular basis.
If that is not possible, write them a note to let them know you are still there and that you care. The letter should be impartial and centred on the kid, not the disagreement; thus, communicate with them as usual. Inquire about their school, their friends, their interests, etc. You may also attach photographs of yourself in action or little gifts. Also, make copies of your correspondence.’
What can I do if my son/daughter is not listed on my grandchild’s birth certificate?
If this is the case, it can be quite challenging to deal with, and you will need legal counsel to understand your alternatives. Your son has parental responsibility only if he and his partner were married at the time of the birth of your grandchildren, or if his name appears on the birth certificate. Your son may apply to the court at any time for parental responsibility, which would not be rejected unless it was demonstrated he posed a safety danger to the kid.
How do I apply to court for access to my grandchildren?
Family court is always the last resort since it may be a costly and emotionally and psychologically taxing affair. You may easily spend between £2,000 and £5,000 on attorneys or advocates to prepare for your court hearing. Not to add that hearings entail costs as well.
However, if this is your only alternative, be sure to request set costs for certain phases of the procedure when you speak with attorneys. This manner, you can better manage your cash. You can also represent yourself, which is becoming increasingly prevalent. Don’t be scared to seek assistance during the family court procedure.
Do I have right as a grandparent?
No, you are not automatically entitled to your grandchildren. However, the family court recognises the significance of grandparents in the lives of their grandchildren. The court will approve authorisation if you have a relationship with them and there is no history of abuse, violence, or neglect. Here’s how everything works
1.Mediation Information Assessment Meeting (MIAM)
If you want to seek court as a way to access the grandchildren you must first explore mediation with a family mediator. The Mediation Information Assessment Meeting is the first step here where your family mediator will assess your suitability for mediation and give you the next steps on what to expect should you proceed with mediation.
2.Application for C100
A C100 form is a crucial document in UK family law, used to apply for court orders concerning child arrangements under the Children Act 1989. This form is typically utilised when parents or guardians need to resolve disputes about where a child will live, who they will have contact with, or specific issues regarding the child’s upbringing. The C100 form can be used to request a Child Arrangements Order, a Specific Issue Order, or a Prohibited Steps Order. Before submitting a C100 form, applicants are generally required to attend a Mediation Information and Assessment Meeting (MIAM) to explore the possibility of resolving the dispute outside of court. This process ensures that all parties have considered mediation as a less adversarial alternative to court proceedings.
3.Children and Family Court Support and Advisory Service (CAFCASS)
CAFCASS (Children and Family Court Advisory and Support Service) is often involved when grandparents seek access to their grandchildren through the court system. When you apply for a Child Arrangements Order, CAFCASS will typically conduct an assessment to understand the child’s circumstances and the relationships involved.This includes looking into the living situation, the child’s needs, and the role of the grandparents.
CAFCASS may also perform checks with the police and social services to ensure the child’s safety and well-being. Based on their findings, they might create a report (known as a Section 7 report) to provide recommendations to the court on what arrangements would be in the child’s best interests.
Family court is not comparable to criminal court, so do not be concerned about your next court appearance. They all simply wish to assist families. This implies that the setting is far more favourable, as the procedure is not focused on determining whether someone is innocent or guilty. Everyone in court recognises that the child is at the core of all of this, drastically altering your expectations.
You, the applicant, and the parents of the children, the respondent, will both present evidence at the court hearing. You must emphasise the role you’ve played in your grandchildren’s lives and the bad impact your absence will have on them.
When making a judgement, the court will take the CAFCASS findings into consideration. If it’s in the best interest of the children, the court will issue an order allowing you to maintain contact, outlining the type of contact you’ll be permitted to have from this point forward.
What happens the parent refuses to accept the court order?
If a parent refuses to comply with a court order granting grandparents access to their grandchildren, several steps can be taken to enforce the order:
CAFCASS may be involved again to reassess the situation and provide further recommendations to the court. Grandparents can apply for an Enforcement Order. This order compels the parent to adhere to the original court order. If the parent continues to refuse, they may face penalties. Breaching an Enforcement Order can result in various consequences for the parent, including community service, fines, or even imprisonment in severe cases.
CASE STUDY: GRANDPARENTS’ RIGHTS INVOLVING MEDIATION
Richard and Florence’s connection with their three grand kids, ages 12, 8, and 5, was affectionate and warm. When their son and Emma’s stepdaughter split, they provided financial assistance for their son’s legal bills, and the divorce was nasty and fought. Emma was enraged with Richard and Florence because they had paid the legal bills for the divorce and she believed that by doing so, they had contributed to the dissolution of the marriage. They had not seen their grand kids in seven months, which was the longest period of time they had ever gone without seeing them.
Richard and Florence had a wonderful connection with the other set of grandparents before to their divorce, but since then, they have not communicated with Emma and have refused any attempts at contact. Their youngster struggled with the parenting arrangements on his own. Everything was a bit of a mess.
Together with our team, Richard and Florence attended an MIAM. The mediator then invited Emma to mediation by letter. Emma consented because she did not want to seem bad in court, but stated that she was not willing to allow the children to visit their grandparents unattended due to her concern that they might say unpleasant things about her to the children, which would be damaging to their wellness.
After Emma’s MIAM, the mediator asked everyone to a face-to-face meeting. With the assistance of the mediator and through our continuous mediation, they each had the opportunity to speak up and future aspirations. They swiftly decided on a strategy to reintegrate Richard and Florence into the lives of their children. Within a month of their MIAM, Richard and Florence were assisting with the grandchildren’s care, which benefited Emma, themselves, and the grandchildren and the family has begun to restore relationships.
In Conclusion
It is unfortunate that many grandparents in England and Wales experience separation from their grandchildren due to divorce, separation, or conflict with their own children.
Many of them go directly to a solicitor, believing it to be the first stop if they are unable to resolve it amongst themselves however in most cases mediation can help resolve your child focused discussions.
Although grandparents rights are not automatic, you can seek the assistance of a family mediator in an effort to resolve any conflict.
If that fails, the next step is family court. If you can demonstrate that your connection with your grandkids is beneficial to them, an order will likely be issued enabling you to maintain your loving relationship with them.