Grandparents and Divorce

By Alison Clifford | September 9th, 2019

Sadly, when relationships break down there are often disagreements between parents as to who their children live with and how much time the children spend with each parent.

These disputes often involve extended family members, particularly grandparents, who can find that their contact with their grandchildren becomes limited. Our advice is for Grandparent to remain neutral and cordial with the grandchild's other parent. At some point you are going to be together to support the grandchild at school events or even a wedding and this will make it easier. However, sometimes this is not possible.

We can assist grandparents in seeking to resume regular and reasonable contact with their grandchildren in situations where the parents have separated.

Unlike parents of children who have parental responsibility for the children, grandparents must first apply for leave to make an Application for a Child Arrangements Order under the Children Act. Provided they have had contact with their grandchildren previously and are a part of their lives, it would be very unlikely that an Application for Leave would not be granted by the Court.

Once their Application for Leave has been granted then a Court will consider their Application, looking at what is in the best interests of the children. The Court does consider that it is in a child's best interests to maintain contact with extended family members, particularly grandparents and we will guide them through the process in order to establish regular contact with their grandchildren.

If you are a grandparent who has been refused direct contact with your grandchildren then we will be able to help. Contact Clare Cherry in our Family Department.

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