{"id":1969,"date":"2018-11-02T14:14:32","date_gmt":"2018-11-02T14:14:32","guid":{"rendered":"http:\/\/www.just-family-law.com\/blog\/?p=1969"},"modified":"2020-05-12T14:03:00","modified_gmt":"2020-05-12T14:03:00","slug":"do-grandparents-have-rights","status":"publish","type":"post","link":"https:\/\/www.just-family-law.com\/blog\/index.php\/2018\/11\/02\/do-grandparents-have-rights\/","title":{"rendered":"Do Grandparents Have Rights? Practical Steps to Seeing Your Grandchildren Again"},"content":{"rendered":"

\"DoGrandparentsHaveRights\"<\/a>Heartbreak …<\/strong><\/h3>\n

What\u00a0can be more heartbreaking than the prospect of not seeing\u00a0your grandchildren? I have met many distressed grandparents whose main concern is for the grandchildren they cannot see: theirs is a uniquely painful situation.\u00a0But don’t give up hope – there’s lots you can do.<\/p>\n

Do grandparents have rights?<\/strong><\/h3>\n

Do grandparents have rights? Sadly,\u00a0no. Parliament has debated a change in the law but\u00a0that’s not imminent. But there are many practical steps you can take.<\/p>\n

Why does this happen to grandparents?<\/strong><\/h3>\n

An\u00a0acrimonious divorce,\u00a0the desperately sad breakdown of a relationship with\u00a0your child, the influence of a controlling or jealous new partner… There is much talk of parental alienation and how the breakdown of relationships leads to links being cut with the extended family. But whatever it’s called, and whatever causes it,\u00a0the upshot\u00a0is that a previously healthy and supportive relationship with the grandchildren is abruptly ended. This is a guide to what\u00a0you can do.<\/p>\n

What can grandparents do?<\/strong><\/h3>\n

This won’t work for everyone but maybe\u00a0you could be the bigger person and\u00a0try\u00a0to\u00a0start a positive conversation\u00a0with the parent\/s?\u00a0But, whatever you do, don’t take sides if it’s a divorce case. And please try to make allowances for the raw feelings\u00a0that will be flying around. Instead concentrate on how you can help out with the grandchildren.<\/p>\n

There’s so much at stake, wouldn’t you try anything, even eating humble pie? After all, you could soon be eating apple pie with your grandchildren.\u00a0And remember, in the early days of a split or disagreement everything\u00a0is up in the air. Give it a little time and communications\u00a0will become easier.<\/p>\n

It’s\u00a0important to remember …<\/strong><\/h3>\n

… to put the grandchildren first. It’s not about your feelings, or the parent\/s feelings, it’s all about the grandchildren.<\/p>\n

Put forward a proposal …<\/strong><\/h3>\n

For example, to\u00a0see or look after the\u00a0grandchildren once a week, or to phone them, or to Skype with them, or to send them presents or cards. But make sure it’s a realistic proposal you can stick to. This avoids disappointment for the grandchildren and misunderstandings between the grown ups.<\/p>\n

Mediation<\/strong><\/h3>\n

If you can’t sort it out between you, suggest mediation<\/em><\/a>. Mediators are trained to help resolve family disputes.<\/p>\n

Going to Court – t<\/strong>he facts<\/strong><\/h3>\n

Going to Court is always the final option because it’s expensive, stressful, uncertain and it can drive families further apart. Please make sure you take advice from an expert Family Law Solicitor first.\u00a0The\u00a0guiding principle\u00a0in all cases about children is their welfare. So the question is, would it be in their best interests to see\u00a0you?<\/p>\n

Child Arrangements Order<\/strong><\/h3>\n

You will be making an application for an Order for example that the grandchildren spend time with you. This is known as a Child Arrangements Order.<\/p>\n

But first …<\/strong><\/h3>\n

You must attend a “MIAM” and you must apply to the Court for “leave”<\/p>\n

Mediation Information Assessment Meeting (MIAM)<\/strong><\/h3>\n

Before you start Court proceedings you must attend a MIAM. The parent\/s will also receive an invitation and will attend separately. The aim is to give both of you information about how\u00a0mediation<\/em><\/a>\u00a0might help.<\/p>\n

Applying to the Court for ‘leave’<\/strong><\/h3>\n

Complete\u00a0Form C2<\/a>\u00a0<\/em>for permission (‘leave’) to start proceedings. (You need\u00a0leave because you are\u00a0not\u00a0the parent). In brief:<\/p>\n