Can a Grandparent Apply to the Court for a Contact Order?

In the run-up to school holidays, there are grandparents across Northwest England who either have no contact with their grandchildren or the occasional brief meeting. As specialist family law solicitors we understand how distressing it is for them when other grandparents excitedly talk about their family holiday plans or mention the exhaustion of looking after little ones when they are in their 60s or 70s.

If you are a grandparent who either isn’t seeing your grandchildren or not seeing them as much as you would like then you can apply to court for a grandparent contact order.

For expert advice call our team of specialist children lawyers or complete our online enquiry form. 

Does a grandparent need a family law solicitor?

If you are not seeing your grandchildren as much as you would like then it sounds as if you do need help from a family law solicitor. 

A family lawyer will not rush you off to court without a backward glance. At Evolve Family Law we will carefully consider:

• How much contact time you are getting with your grandchild
• Whether you are likely to improve on that amount through a solicitor-based negotiation or family mediation or applying to the family court for a child arrangement order 
• The impact of raising contact on family dynamics 
• The reasons for a parent’s objections to grandparent contact or the reason for the opposition to increasing the amount of time you spend with your grandchildren
•  What your grandchildren want assuming they are old enough to have a say

After looking at the advantages and disadvantages of non-court-based dispute resolution or making an application to the court to get an order you will be in a lot better position to decide on the right approach for you. 

Cut off from your grandchildren

If you have been cut off from your grandchildren you may not feel that you have a lot to lose by making a court application. That may be true but the Family Procedure Rules now require you to try to sort things out between yourselves before you ask the court to make an order in your favour.  That may feel like a waste of time if your child, son-in-law or daughter-in-law is entrenched in their views and won’t listen to common sense or pleas from you.

If you apply to the court before trying family mediation or before asking your family law solicitor to negotiate then the family court judge can adjourn your application for mediation or for discussions to take place. That’s why it is best to speak to a children lawyer to discuss non-court-based options as they can suggest a way forward that suits your situation. For example, family arbitration may be your preferred option once you have enough information about all the alternatives.

Applying for a grandparent contact order

A family law solicitor will tell you that there is no such thing as a grandparent contact order in English law. When parents and extended family cannot agree on who a child should live with and parental and extended family contact then parents and extended family can apply to the family court for a child arrangement order.

A parent has a legal right to apply for a child arrangement order. A grandparent must first apply for permission to apply for a child arrangement order. That step is not as difficult as it sounds and should not deter you from making a court application.

When deciding on a leave application by a grandparent the court will look at:       

• The connection to the child 
• The nature of the application for contact
• Whether the application might harm the child’s well-being

Once you have permission to apply for your child arrangement order the court process is the same as a parent applying to the court for a child arrangement order. The court will assess if a child arrangement order and contact is in your grandchild’s best interests after considering a range of factors.

Will I get a grandparent contact order?

A family law solicitor will need to know the reasons why your child or son-in-law or daughter-in-law is refusing you contact with your grandchild. Generally, the family court thinks it is in a child’s best interests to have contact with their extended family, including maternal and paternal grandparents. 

The parent of a child may no longer be in contact with their child after their separation or divorce. Maybe they are living a long distance away or working overseas or the parent with care may not have wanted contact because they have remarried. None of these are reasons to stop a grandparent from having a relationship with their grandchild.

Alternatively, a parent may say that it would be emotionally abusive for a grandparent to see a grandchild because of the extent of a family rift and because the child would be exposed to the grandparent’s negative views about the parents during contact.

Family dynamics can be very complicated but they can be successfully explored to help you obtain an order to enable you to see your grandchild even if you are not fully able to rebuild the relationship between your child or son or daughter-in-law.

The family law solicitors at Evolve Family Law can help you resume contact with your grandchild or extend the amount of time you can see them. Our lawyers provide specialist and sensitive advice as we understand that your priority is to spend time with your grandchildren so our focus is on that rather than criticising the child’s parents or others for past wrongs.

For expert advice call our team of specialist children lawyers or complete our online enquiry form.