The types of orders that may be available to you.
Grandparents are more often than not closely involved in the lives of their grandchildren and play a huge part in their development and growth.
This can be a very special, unique relationship that cannot be replicated, with two different generations coming together and learning from each other.
Sadly, Grandparental relationships are not always straightforward. Time and time again we hear about grandparents denied access to their grandchildren – particularly after marital breakdown.
According to a recent survey by Grandparents United for Children over 4 million Grandparents and their Grandchildren are experiencing this.
Longstanding relationships unexpectedly and abruptly ending can have a profound and distressing effect on children and grandparents alike, so much so they are sometimes termed a “living bereavement”. So, if you find yourself in this situation – what options are available to you?
Although, grandparents do not have an automatic right of care nor access to their grandchildren, they do have legal options available to them in accordance with the Children Act 1989 (CA 1989), it is possible to gain full time care and or access through the courts with the appropriate advice from a family law Solicitor.
Jamie Chadwick, Graduate Paralegal at AFG, explains the types of orders that may be available to Grandparents within court proceedings.
Grandparents do not have an automatic legal right to see their grandchildren. However, they can try and get access through an informal arrangement with the child’s parents/carers or through a court order.
At AFG, we understand how important it is to gain access to your beloved grandchildren.
Mediation
Mediation is the first initial option. An independent family mediator can help families reach an agreement. The mediator will organise a ‘mediation information and assessment meeting’ (MIAM). The following link may be useful to you Find your local mediator – Family Mediation Council
Applying for a Child Arrangements Order
Where arrangement cannot be reached informally, the grandparent can seek to apply for a child arrangements order to agree access. A grandparent usually first requires the permission of the court before they can apply for a child arrangements order. They are not automatically entitled to apply for one unless an exception applies. This includes, for example, if the child has lived with them for a period of at least a year prior to the application (Children Act 1989, sections 10(5) and 10(5B)).
Court Considerations
When a court considers an application for leave to apply for a child arrangements order, the child’s welfare is not its main consideration. Instead, the court look at a range of factors, including:
- The nature of the proposed application.
- The applicant’s connection with the child.
- Any risk of the proposed application disrupting the child’s life to the extent that they would be harmed by it. If leave is granted, then a child arrangements order can be applied for.
Grandparents are encouraged to explore mediation as a way of resolving disputes before court proceedings are commenced. Mediation takes place in a neutral setting and allows you to have open communication as a family with someone neutral known as the mediator to try and help you to reach an agreement. If, however, mediation is unsuccessful, grandparents can proceed with their application for the court to make the following orders.
The courts will always take into account the best interests of the child. However, there is no presumption that a child having contact with their grandparent is in the child’s best interest. Therefore, the reason for the application before the courts must be clearly explained and justified.
The courts will consider the nature of the application being made, the grandparent’s connection with the child and any risk that the application will disrupt the child’s life to such an extent as to cause the child harm. Children under a special guardianship order can maintain contact with their birth family. Under a SGO the natural parents are still legally the child’s parents, but their parental responsibility is limited.
To conclude, the court understands the importance of grandparents within a child’s life, the main focus is to ensure the child’s welfare and best interests are safeguarded. With the correct legal guidance of our solicitors, it allows grandparents to maintain significant meaningful relationships with their grandchildren.
For More Information
You can find more information about special guardianship orders on our website: Special Guardianship Orders – Family – Services – AFG LAW
If you find that you are experiencing this, please do not hesitate to contact AFG Law. Here at AFG, we can assist by offering you a free consultation, in which a solicitor from our family department will contact you to discuss your situation and options as to whether there is merit in making an application to the court for a special guardianship order to determine which school your child should go to.
We are here to help you and your family so get in touch with one of our team for an initial chat.
CONTACT INFORMATION
Please contact us on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.
AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.
It’s our mission to offer outstanding legal services, utilising our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.