Few Grandparents can think of much worse than being denied contact with their grandchild. The news is often devastating and can be gradual or can occur overnight. It can be incredibly upsetting both for the grandparent and the child who may not know or understand why contact has stopped or in some circumstances, why it has never taken place.

Many grandparents assume that they have no rights to see their grandchildren as they are not a parent and do not have parental responsibility (unless granted via an Order of the Court). It is however important that Grandparents are aware that there are mechanisms for obtaining, progressing or reinstating contact and it doesn’t always have to involve litigation.

The Family Court approach

The Court take the view that the child’s best interests will trump all else. The court will only grant an order in circumstances where they believe that it is more beneficial to the child than making no order at all. This is often helpful to grandparents as the Court do tend to take the view that it is in a child’s best interests to have contact with their extended family to understand their roots, heritage and to avoid alienation.

It is however important that grandparents are realistic about contact and the level of contact they will receive. An application to Court is unlikely to result in shared living arrangements. This is unless this was a previous arrangement for the child or if it can be evidenced to be in the child’s best interests. Despite this, family proceedings do allow grandparents the opportunity to obtain meaningful contact and often, it is a high hurdle for parents to evidence otherwise.

As with everything, there are exceptions to this and the court will take account of matters which they deem to be a safeguarding concern for example, if a parent raises concerns about a grandparent such as alcoholism or criminality. This isn’t necessarily a bar to contact and there are often ways to navigate such difficulties such as through supervised or supported contact or work the grandparent can complete to evidence insight and commitment to long term change.

So, what can a grandparent do to progress contact?

Communicate directly: The first step will be to contact your grandchildren’s parents and find out why contact has stopped and see whether a compromise can be reached. It may be that by communicating about the matter directly and with a child focused approach, everyone can reach an outcome they are content with.

Mediation: If this is unsuccessful, mediation is often a helpful next step as it allows an independent professional to facilitate and assist with negotiations. Having an outside perspective can often help things come together and avoid protracted litigation.

An Application to Court: Finally, if mediation is not successful or is not appropriate, you may decide to apply to Court for an order addressing how your grandchild will spend time with you.  Grandparents are not automatically entitled to make an application to the Court and must first ask for permission of the Court to do so. A family lawyer will be best placed to advise you about your prospects of success and other important considerations when making an application.