Grandparents’ Rights

Updated 2019

Introduction

This guide provides a general overview of grandparents’ rights in relation to their grandchildren. It serves as a general introduction. For specific advice tailored to your own circumstances you should consult a specialist family solicitor.

When family relationships break down grandparents can frequently lose touch with their grandchildren. This is often an unforeseen consequence of family separation and is particularly distressing especially when the grandchildren have a close bond with their grandparents. 

What can grandparents do?

Keep in Touch

The first step will be for grandparents to try to keep in touch directly with their grandchild(ren).  With modern technology this can be in the form of social media/Facetime/Skype as well as speaking by telephone with them or meeting them face to face. 

If, however, this is not possible for example, if the grandchildren are very young or if the grandparents have a poor or no relationship with the resident parent then the following steps should be considered: 

Mediation

Mediation is a process which facilitates communication between members of separated families. Its aim is to assist people (in this situation, grandparents) in reaching an agreement in relation to spending time with their grandchild(ren) without the need for court proceedings being issued, which can be costly and very stressful.

Grandparents who wish to use mediation as a dispute resolution process can contact a local mediation organisation direct.  The mediator will then determine whether mediation is suitable and, if so, will invite all relevant parties (i.e. the grandparents wanting to spend time with their grandchild(ren) and the parents) to attend mediation to discuss the situation and assist all the adults involved to reach an agreement.

This can be an extremely useful process which aids grandparents re-establishing relationships with their grandchild(ren). 

Family Lawyer Negotiation

Grandparents can instruct solicitors and family lawyers to act on their behalf in order to enter into negotiations with parents in order to spend time with their grandchildren. 

If an agreement can be reached, the terms of that agreement can be set out in a formal agreement which is signed by the grandparents and the parents. 

Court Proceedings

If all of the above attempts at spending time with their grandchild(ren) fail it is possible for grandparents to make an application to the Family Court for a Child Arrangements Order which sets out arrangements in relation to a child about: 

• With whom the child is to live, spend time or otherwise have contact with; and/or
• When the child is to live, spend time or otherwise have contact with any person. 

Before such an application can be made, it is necessary for the grandparents to attend a mediation information and assessment meeting (MIAM) for the mediator to assess whether mediation would a suitable way of resolving matters before making such an application. This is a requirement unless certain exemptions apply such as domestic violence or where there are issues relating to the safety of a child.

Many grandparents are unaware that they have no automatic right to make an application for a Child Arrangements Order, unlike parents. 

Accordingly, therefore, grandparents have to firstly obtain the Court’s permission (i.e. ‘leave’) to make such an application. 

There are several factors that the Court must take into account in determining this application as follows: 

• The nature of the proposed application ;
• The applicant’s connection with the children;
• Any risk there might be of that proposed application disrupting the child’s life to such an extent that they would be harmed by it, and;
• Where the child is being looked after by a Local Authority what the Authority’s plans for the child’s future are, and the wishes and feelings of the child’s parents. 

Once permission is granted to grandparents to bring an application for a Child Arrangements Order the Court must consider the application fully.  It may require a CAFCASS (Children and Families Court Advisory and Support Service) report to be prepared to assist the Court in determining the application. 

If no agreement can be reached between the parties during the case then the Court will set a date for a final hearing.  At this hearing the Court will hear evidence from all the adults involved (i.e. the grandparents and the parents) as well as the CAFCASS Officer and any other expert that may have been involved in the case before making a final decision which is binding upon all the parties. 

What is a Special Guardianship Order (“SGO”)?

A Special Guardianship Order (“SGO”) is granted by the Family Court and places a child to live with their ‘Special Guardian’ (ie, someone who is not their parent) on a long term basis until the age of 18. 

These types of orders are particularly useful in placing children within their birth family if they are unable to live with their parents.

The “Special Guardian” is granted parental responsibility to the exclusion of all other people who have parental responsibility (i.e. usually the child(ren)’s parents). They can therefore make important decisions in relation to the children without the permission of their parents.

Applying for a Special Guardianship Order

If grandparents wish to apply for an SGO they will need to tell the children services department of the Local Authority that you intend to make such an application.  An assessment procedure will be undertaken in order to ensure that an SGO is in the child’s best interests. 

Before such an application can be made it is necessary for the adults involved (i.e. the grandparents and the birth parents) to attend a mediation information and assessment meeting (MIAM) in order to assess whether mediation would a suitable way of resolving matters before making such an application (see Mediation section above). 

What if an SGO is granted?

Once the SGO has been granted the Special Guardians may be entitled to financial support and other services provided by the Local Authority. There is a discretionary Special Guardianship Allowance which is means tested.  In addition, grandparents may be able to claim Child Benefit and Child Tax Credit/Universal Credit.  

If the child was looked after by the Local Authority then the following support services may be available:

• Mediation to arrange contact and the child and their parents
• Counselling and advice
• Access to support grandparents
• Therapy services
• Respite care