Grandparents and access after divorce

Unfortunately when people with children divorce or separate the grandparents can be left feeling that they have no say even if the situation affects the contact they have with their grandchildren.

Now more than ever grandparents are assisting with day to day childcare while the parents work. Grandparents are playing an ever greater role in raising the children due to the care they are providing. The grandparents are not simply someone the children see for a few hours at the weekend but someone who is shaping the children’s lives and assisting with their education. Despite this grandparents do not have an automatic right to either see their grandchildren or an automatic right to apply to court if necessary for an order confirming they can see their grandchildren. Despite how the law stands it is important that grandparents get advice upon their contact as there are things that can be done.

The law considers the rights of the child in question. This means that if as a grandparent you have been involved in the child’s life, the court will consider if it is in the child’s interests for this relationship to continue. If the court considers there is a benefit to the child of the relationship being maintained it is likely this will happen and contact will be ordered.

The key with any child issues are the best interests of the child. As a grandparent you will need to show you have a good relationship with the child and are focused on their best interests. You will also need to show you have been a big part of the child’s life and that you have not become involved in the dispute between the parents. Providing these are satisfied it is more likely that contact will be granted.

The best course of action is to try and agree matters with both parents directly. If this is not possible I can try and do this for you. It is better to try sooner rather than later otherwise time will pass and you may not see your grandchild for some time which would be very painful for you and your grandchild.

Please do not hesitate to contact us on either info@jtfamilylaw.co.uk  or on 07443 524453