When a couple separates, it is not just the two parents who will see an impact on the amount of time that they spend with children, but the wider family too. Children whose parents separate can find themselves in a very different routine to that which they experienced when their parents were still living together, including not being able to spend regular time with grandparents. 

As a grandparent, you may wonder what exactly your rights are to spend time with your grandchildren. 

What rights do I have as a Grandparent? 

Grandparents do not automatically have rights to spend time with their grandchildren and they do not have ‘parental responsibility’ for a grandchild, meaning that they do not have a right to have a say in important decisions regarding their grandchild’s upbringing. However, that is not to say that grandparents should not be permitted to spend time with their Grandchildren whatsoever. 

What can I do if I am being denied contact with my Grandchildren? 

First, you can attempt to discuss the matter with the children’s parents directly. If this proves unsuccessful, you may wish to arrange a mediation session to discuss the matter between you in the presence of an independent mediator. That mediation process can, where appropriate, involve the children themselves, with the mediator speaking to the children directly and finding out their views, then relaying that to yourselves and the parents. This can be particularly helpful in cases where the children want to spend time with their grandparents and the parents are not listening to their views. 

If all else fails, your last resort is an application to court for an order that the children spend time with you. 

How does the court process work? 

As a Grandparent, you will generally first need to seek permission to make an application (there are limited exceptions). When deciding whether or not to allow you to make an application, the court will take into account your application, your connection with the grandchildren and any risk of disrupting the child’s life by permitting you to make an application. Often the court will grant permission if it is satisfied that you have had a strong relationship with the children in the past and the children would benefit from that relationship continuing in future. You should always seek legal advice as to the merits of your application before making it. 

If your application is successful, your case will be listed for a first hearing. There are generally a maximum of three hearings within the court process. The court’s paramount consideration when deciding what orders to make is the welfare of the child/children, which involves: 

• the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
• their physical, emotional and educational needs
• the likely effect on them of any change in their circumstances
• their age, sex, background and any characteristics of theirs that the court considers relevant
• any harm that they have suffered or are at risk of suffering
• how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs
• the range of powers available to the court 

Next steps 

If you are considering making an application to court to spend time with your Grandchildren, we would recommend taking some initial advice before making the application. Our family lawyers offer a fixed fee consultation for one hour. This hour will give you an opportunity to ask questions about the process and to get some advice on the merits if you decide to proceed. Call us on 0330 0945 500, emailing family@nevesllp.co.uk or completing our Contact Form and we'll get back to you.