Grandparents
Sadly many Grandparents lose contact with their Grandchildren upon the breakdown of their children's marriage or long-term relationship.
Grandparents should try to speak with the parents and explain that, no matter what the problems are between them, you as a Grandparent do not intend to take sides and that you only wish to maintain a relationship with your grandchildren.
If communication has broken down entirely or remains problematic then an option might be to propose that you all attend mediation. An independent mediator will try and help you reach an agreement. For this to take place both sides have to agree to mediate and it may not be right for all. This can assist in opening channels of communication for the long term.
If the parents do not want to attend mediation or it fails then it is worth considering instructing a solicitor to write to the parents to try and resolve matters by agreement. If agreement can still not be reached then it is possible to make an application to the Court for a Contact Order defining when you will see your grandchildren.
Court should be viewed as a last resort as such an application is unlikely to improve relations. In addition, unlike parents, a Grandparent does not have an automatic right to apply for a Contact Order and will have to apply for leave to make that application.
If you do acquire leave then your application will be considered and this will often involve the appointment of a Children and Family Court Advisory and Support Service (CAFCASS) officer to look at any welfare issues that need to be considered and to prepare a report to aid the Court in coming to a decision.
The report is persuasive upon the Court and the Court will only make an Order that they consider to be in the best interests of the child. You will therefore need to demonstrate that your relationship with the grandchild significantly benefits their lives.
If an Order is made the Court's powers to enforce such Orders have recently been increased in such a way that makes it extremely difficult for parents to ignore them. They are therefore a very powerful way to ensure that Grandparents can maintain a meaningful and fulfilling relationship with their grandchildren.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
