“You never know the love of a Grandparent, until you become one.”
Grandparents do not have an automatic right to apply to the courts for a Child Arrangements Order in respect of their grandchildren. All children should have a family unit that they can rely on and that quite often incorporates grandparents, aunts, uncles and family friends. Having a close support network gives children a balance and a real sense of belonging. Relationships with people, other than their mum and dad are important.
Sometimes family life is extremely complicated with break ups and arguments that may end up in a division of the whole family unit. If, as a grandparent, or even another family member, you are being excluded from a child’s life or prevented from having a relationship with your grandchild then you can seek the assistance of the UK family courts.
As you are not a parent and do not have parental responsibility you must apply to the court for permission to make the application in the first instance. You should have attempted family mediation before applying to the courts. You should have tried to negotiate or set out reasonable proposals in writing to show the court you have taken all reasonable steps to resolve matters.
When applying to the court it is essential to set out why you being a part of the child’s life is, in fact, in the child’s best interests. This should include showing the relationship you previously had, if any. The connection between you; your ability to care and prioritise the needs of the child over your own or that of their parents.
The court will want and need to know the motive behind your application and it must be made clear from the outset. For example if you are not seeing your grandchildren because there are ongoing proceedings between the parents and your application could be seen as obtaining time with the child not just for you but also for one of the parents, then it will not be accepted or looked upon kindly. If you have concerns for the child’s safety or welfare then this must also be stated in your application and if you are approached or have had dealings with social services or the police this will also have to be declared. Please note that this application, should permission be granted, will not provide you with any parental responsibility or rights, only a clear and defined time that you will spend with your grandchild.
FLPS suggests that all parties involved in family law issues should remain polite, respectful and reasonable at all times as children learn their behaviours from the adults in their life.
If you have tried to negotiate and tried everything possible to arrange time with your grandchild but with no success then please contact us at Family Law Paralegal Services
We offer affordable, supportive family law assistance.