A public row between TV personality Jeff Brazier and his former mother-in-law has highlighted the legal challenges grandparents can face in seeing their grandchildren after he refused her access to his son.
The legal battle between Jeff and Jackiey Budden, mother of his ex-wife Jade Goody, demonstrates how, despite being blood relatives that often play a significant role in the upbringing and care of grandchildren, grandparents still have no automatic legal rights to see their grandchildren.
However, all is not lost as there are options if you feel you have been unfairly restricted from seeing your grandchildren.
Early dispute resolution
Seeking legal advice would be the first step, where you will most likely be encouraged to open a constructive dialogue if possible. Usually, solicitors will next suggest that you try and resolve the matter through non-court dispute resolution (NCDR) such as mediation, with both sides attending a mediation information and assessment meeting (MIAM) unless an exemption applies.
MIAMs can, where necessary also point you towards alternative forms of dispute resolution such as collaborative law or round table meetings with the aim of finding a way forward without resorting to the courts which can be a long and expensive process.
The mediation process is a popular option as it can help you and the parents sort out an agreement without necessarily sitting in the same room as each other. If appropriate, it can also involve the grandchildren as well. But, if an agreement is not reached, then grandparents can make an application for an order through the courts.
Child Arrangement Order
Only once mediation has been attempted, can a grandparent apply to the court under The Children Act 1989. This is where you can ask the court to determine when the children can spend time with you.
Be advised however that grandparents need the permission of the court before they can make their application under The Children Act. Permission is usually determined at the ‘gatekeeping’ stage and sometimes just based on the detail contained within the application.
A C100 application form is needed and there is a current court charge of around £255. The parents will be given notice of the application and invited to participate in the proceedings. If a parent opposes the application, the grandparents may still continue, however the court will still encourage an agreement at all stages. If an agreement cannot be reached with the assistance of the court, a judge will ultimately make a decision that is binding upon everyone at a final hearing.
Under the Children Act 1989, the court must put the best interests of the child ahead of any other consideration.
The court will listen to the views of the grandchildren if appropriate to do so and if they are old enough to express them.
What can I do now?
You should try to maintain contact with your grandchildren as much as possible, as well keeping a good relationship with the parents. If direct contact is not possible, maintain an age-appropriate line of communication through occasional cards or letters in the meantime. It always best to let the parents know if you are keeping in touch with their children.
Any conversation should be child-focused and should avoid the topic of conflict. It is also important to record your communication with your grandchildren, as this could be used as evidence in any possible future court case that ensues.
Thrings Family lawyers are experienced in all areas of the law that are close to home. Whether it is marriages and pre-nuptial agreements, or divorces and separations, they will put your best interests first, taking the time to get to know you so that you are supported with sound advice tailored to your needs. To find out more, get in contact.
