Procedure

Procedure – What to do if you can’t see your grandchildren

We know that grandparents can play an important role in their grandchildren’s lives. Unfortunately, if the parents of your grandchildren separate, it is not always the case that arrangements are resolved amicably. Below are the procedure options for what to do if you cannot see your grandchildren.

Attending Mediation

If arrangements cannot be resolved within the family setting, the first step is attending mediation. Not only can this save you time, money and stress, it is usually a requirement that the parties attend mediation before an application for a Child Arrangements Order is made.

During mediation, an independent family mediator helps you and family members work out an agreement by organising a ‘mediation information and assessment meeting’. This meeting is designed to help families reach agreements, including on areas regarding children.

If you are required to attend mediation it does not matter if the other party does not attend the meeting.

Do I have to attend Mediation?

There are certain exceptions to the requirement to attend mediation which include if your grandchild is at risk or there is domestic abuse. Our family team can discuss this with you and whether the Court will require you to attend mediation before any application to the Court.

If you are exempt from attending mediation or mediation was unsuccessful then the next step is an application to the Court for a Child Arrangements Order.

What is a Child Arrangements Order?

A Child Arrangements Order regulates who a child is to live with and who they spend time with.

A child arrangements order can include the following:

  1. Who the child(ren) shall live with;
  2. Where they shall live;
  3. When and how often they will see either parent;
  4. This can include arrangements for special events, such as Birthdays, Christmas, religious holidays;

Do I have the right to apply for a Child Arrangements Order? What is the procedure for a Child Arrangements Order as a grandparent?

Grandparents do not have an automatic right to apply for a Child Arrangements Order as they do not share parental responsibility for the child. To find out more about parental responsibility click here. There are some exceptions, however generally grandparents require permission of the Court to apply.

If you are unsure if you can apply or need permission to apply, please do not hesitate to contact us.

Considerations of the Court in procedure

There are several issues that the Court will consider when deciding whether to grant permission, these include – the nature of the proposed application; the connection with the child; any risk of disrupting the child’s life to such an extent that they would be harmed by it; if the child is looked after by the Local Authority then what the Local Authority’s plans are and the wishes and feelings of the child’s parents.

The Court will list the matter for a Court hearing and the Court will make its decision, the final decision will likely not be made at the first hearing if permission to apply is granted. The child’s welfare will be the Court’s paramount consideration, the Court will take into account the ‘welfare checklist’ found in Section 1(3) of the Children Act 1989 when making any decisions.

Generally, a Child Arrangements Order will expire when a child turns 18 years of age unless otherwise stated.  However, a Court cannot make an Order for a child who is 16-17 years old, unless there are exceptional circumstances.

Court proceedings can be long and can heighten tensions within the family. However, it is sometimes the last resort. Our family team are experienced in these matters and are there to advise, assist and represent you throughout Court proceedings.

Get in touch

If you have any queries or wish to obtain further advice in respect of applying for a Child Arrangements Order, please get in touch. We offer a free 15-minute phone call to discuss eligibility for Legal Aid.

Our offices are located in Bolton, Bury and Stockport. Please email  familysolicitor@afglaw.co.uk or phone 0161 464 4116 for further information.