{"id":46524,"date":"2025-01-07T09:06:13","date_gmt":"2025-01-07T09:06:13","guid":{"rendered":"https:\/\/my.legal500.com\/developments\/?post_type=legal_developments&p=46524"},"modified":"2025-08-27T15:31:41","modified_gmt":"2025-08-27T15:31:41","slug":"were-not-allowed-to-see-our-grandchildren-what-can-we-do","status":"publish","type":"legal_developments","link":"https:\/\/my.legal500.com\/developments\/thought-leadership\/were-not-allowed-to-see-our-grandchildren-what-can-we-do\/","title":{"rendered":"We\u2019re Not Allowed to See Our Grandchildren – What Can We Do?"},"content":{"rendered":"

The demands and challenges of today\u2019s modern world see grandparents play a formative role in their grandchildren\u2019s upbringing, wellbeing and development.<\/strong><\/p>\n

Sadly, these vital bonds can be severed if the children\u2019s parents\u2019 divorce or separate. Here are some questions we are often asked about grandparents\u2019 rights.<\/p>\n

What are grandparents\u2019 rights?<\/strong><\/p>\n

As the law stands, grandparents have no automatic legal right to contact with their grandchildren.<\/p>\n

What happens if the parents break up? <\/strong><\/p>\n

The role and contribution of grandparents, which is celebrated on Sunday, October 6 this year, takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents\u2019 break up.<\/p>\n

The loss of such intimate connections can impact upon a child\u2019s emotional welfare and\u00a0be\u00a0detrimental to their overall wellbeing.<\/p>\n

In situations like this it is possible for grandparents to make an agreement with the children\u2019s parents regarding contact with their grandchildren.<\/p>\n

Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers like Jones Myers<\/a>. Agreements often include when grandparents can visit their grandchildren and \/or contact them by phone or email, and any other provisions they wish to make.<\/p>\n

Is mediation an option in such cases?\u00a0\u00a0 <\/strong><\/p>\n

Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation.<\/p>\n

How does mediation work?<\/strong><\/p>\n

An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents.<\/p>\n

After establishing that this option is the right way forward, the mediator meets separately with the grandchildren\u2019s parents. Both parties then sign an \u2018Agreement to Mediate,\u2019 enabling negotiations to continue on a \u2018without prejudice\u2019 basis.<\/p>\n

Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings.<\/p>\n

Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions.<\/p>\n

What if the children\u2019s parents refuse to mediate?\u00a0 <\/strong><\/p>\n

In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order<\/a> from the Family Court to see their grandchildren.<\/p>\n

Experienced family lawyers like Jones Myers can also assist and guide our clients through this process.<\/p>\n

The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren\u2019s stability and advancement in their formative years ahead.<\/p>\n

\n

Author: Nicki Mitchell<\/a><\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-46524","legal_developments","type-legal_developments","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments\/46524","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments"}],"about":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/types\/legal_developments"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/media?parent=46524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}