How Grandparents Can See Their Estranged Grandchildren

The contribution of grandparents, which is celebrated on Sunday, October 6 this year, is a reminder of the formative role they play in their grandchildren’s upbringing, wellbeing and development.

Sadly, these vital bonds can be severed if the children’s parents’ divorce or separate. Here are some questions we are often asked about grandparents’ rights.

What are grandparents’ rights?

As the law stands, grandparents have no automatic legal right to contact with their grandchildren.

What happens if the parents break up?

Grandparents involvement with their grandchildren takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents’ break up.

The loss of such intimate connections can impact upon a child’s emotional welfare and be detrimental to their overall wellbeing.

In situations like this it is possible for grandparents to make an agreement with the children’s parents regarding contact with their grandchildren.

Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers. Agreements often include when grandparents can visit their grandchildren and /or contact them by phone or email, and any other provisions they wish to make.

Is mediation an option in such cases?

Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation.

How does mediation work?

An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents.

After establishing that this option is the right way forward, the mediator meets separately with the grandchildren’s parents. Both parties then sign an ‘Agreement to Mediate,’ enabling negotiations to continue on a ‘without prejudice’ basis.

Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings.

Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions.

What if the children’s parents refuse to mediate?

In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order from the Family Court to see their grandchildren. Experienced family lawyers can also assist and guide clients through this process.

The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren’s stability and advancement in their formative years ahead.