This subject is a sensitive and much contended area of the law. The relationship of grandparent to grandchild is a key element in a child’s upbringing and their bond is not one to be dismissed lightly.

However, there is also the frequent dilemma of having pushy grandparents, who think that they always know what is best for their grandchild.  For a parent, this can become a tricky and emotional bone of contention, which, in the more extreme scenario, can lead to the breakdown of the relationship. If there is an established and loving relationship between the grandparent and grandchild, this separation can be as emotionally traumatic as experiencing the parent’s divorce.

So, what happens if there is a breakdown in the relationship between the parent and grandparent ?

Although grandparents do not yet have automatic, legal rights as to contact with their grandchild, if a mutually satisfactory contact arrangement cannot be agreed, grandparents do have the choice to go forward with a contact application to the Court. However, as with any litigation, this is a last resort, and the grandparent should try to approach the parents and agree some form of contact. This could be done by a round the table meeting or via a mediation session. An initial letter from a Solicitor may be of some help, and can remove the emotions involved, to try to establish an agreement between parties.

Unfortunately, this is not always an option and in these cases, there may be no alterative but to make an application to the Court.

However, a number of issues must be pondered and as always, the child’s welfare is a paramount consideration of the Court.

Firstly the grandparent must apply for leave of the court to make a contact application, under Section 8 of the Children Act 1989, unless they are ‘entitled to apply’ for such an order. A Grandparent would be entitled to apply, where, for example, they already have a residence order in force, are guardians of the child, or if the child has lived with them for a period of 3 years. Alternatively, if the child is sufficiently old enough, they themselves may make the application.

The Court will also consider the nature of the proposed application for the contact order, having particular regard to the grandparent’s connection with the child. This could be proved by details of previous contact, witness from the child or others of the bond enjoyed and the circumstances of the application. The Court will also take in to account any risk there might be of the proposed application disrupting the child’s life to such an extent that he or she would be harmed by it.

However, in the majority of cases where a contact order is sought, the nature of the application can be sensitive and the Court will have regard to the facts of each individual case and will make an informed decision accordingly.

Hopefully this much debated area of law will see some reform in the near future, if the proposed Grandparent’s (Access Rights) Bill goes ahead. It is currently due for a second reading in the House of Commons and if it does get approval, it will give grandparents rights of access to their grandchildren in certain circumstances.

If you have a query in relation to grandparent’s rights, or a query in relation to any aspect of family law, please do not hesitate to get in touch with Maya Bhatiani, Solicitor in the family law department, at Darlingtons Solicitors.