Grandparents' Rights of Access to Grandchildren

In England and Wales there is no automatic legal right for grandparents to have contact with their grandchildren, there are however steps which can be taken to support a grandparent in applying for such contact. The first step would be to try and negotiate with the parents (or people with parental responsibility if not the parents) to see if an agreement can be reached. If this does not work, then an application may need to be made to the Court.

MIAM’s

Before applying to the court, the grandparent would need to attend a MIAM’s, also known as a mediation information and assessment meetings. MIAM’s involve the use of an independent family mediator, who works with both parties and encourages them to reach an agreement.

If an agreement is not reached at mediation, grandparents can then apply to the courts for a child arrangement order.

Child Arrangement Order.

Unlike individuals who have parental responsibility, Grandparents cannot simply apply to the court for a child arrangement order, they must ask the Court’s permission to make the application. This involves completing an additional court form. When a court is asked for permission, they will take several things into account such as the acknowledgement of the role of the grandparents in the child’s life as well as why contact has been stopped and the impact on the child.

If the Court grants permission, the grandparents can apply for a child arrangement order which can decide who a child has contact with and how the contact takes place. The welfare of the child is paramount in the making of a child arrangement order. The Court will consider the welfare checklist which includes, the wishes of the child, if they are old enough, the effect the change may have on the child as well as the emotional needs of the child.

Bangor University Legal Advice Clinic can advise on child Arrangement Orders. If you would like an appointment please call 01248 388411 or email us on Bulac@bangor.ac.uk