The rights of grandparents under the law are a significant source of debate for both professionals and those impacted by current legislation.
Grandparents and grandchildren often have important and formative relationships that are incredibly meaningful and beneficial for those involved, regardless of the relationship between a grandparent and their child.
Your child’s reasoning
There may be any number of reasons why your child does not want you to see your grandchildren, but some of the most common reasons include:
- A poor relationship with your child, causing them to distance their whole family from you
- A belief that you will be a negative influence on your grandchild
- A concern that you may harm your grandchild or allow them to be harmed
- The grandchild’s other parent does not want you to see them.
As you can see, your child will often be acting in what they believe to be their, and your grandchild’s, best interest, but that may not always be the case.
Discussion is the best policy
With this in mind, it’s important that you first try to negotiate and discuss the situation openly with your child to reach an arrangement.
If your grandchild is old enough, all parties should be encouraged to take their wants and needs into account, particularly if you cannot see them due to a rift between you and your grandchild’s parent.
It may be that supervised visits can be organised, or you may be able to address any other issues that cause concern over the wellbeing of your grandchild.
You may also try mediation with a qualified family mediator if discussions and negotiations are too difficult or not successful.
Your rights in law
If an informal arrangement cannot be achieved, you may turn to your rights under the law.
In England and Wales, grandparents do not have the automatic right to see their grandchildren – but you are able to apply to the Court for permission to make an application (a Child Arrangement Order) to spend time with your grandchildren in the same way a parent can.
The courts are inclined to support contact if it is deemed beneficial for the child’s emotional and psychological well-being, and therefore in their “best interests”.
Under the Children Act 1989, once permission has been granted, then a child arrangement order may be sought and put in place by the courts to allow certain people, including grandparents, to see the child and to outline when and how they may have contact with the child or children.
This will be affected by many factors, including:
- Your grandchild’s needs and wishes and feelings
- Their age and understanding
- Their risk of harm
- The ability of their parents to meet their needs
- The effect on your grandchild of a change in circumstances
- Any previous significant relationship with you
For further advice on seeing your grandchildren or other family disputes, please contact our Family Law team today.