Do grandparents have any access rights?

shadow4

Hi my auntie has fallen out with her son and hes stopped her seeing his kids, if they bump into her (they live in a small village), he tells the kids they are not allowed to look at or speak to her.

My auntie is obviously devastated she loves her 4 grandkids and used to look after them all the time does she have any rights to see them?

onlyroz

No, I don't think that grandparents have automatic rights to see their grandkids.

Suffolk_Jock

The first step for the grandparents who fear losing contact should be to approach the child’s mother or father and explain that, no matter what the problems are between the parents, you as a grandparent do not intend to take sides but that you only wish to maintain contact with your grandchildren.

However, it is frequently the case that the relationship has broken down to such an extent that this is not practical or even possible.In those circumstances mediation is an option whereby an independent mediator will try and help you reach an agreement with the parents. For this to take place, both sides have to agree to mediate and it may not be right for all.

If no progress can be made through these routes then it is possible to make an application to the court. Family courts do recognise and will promote the invaluable role that grandparents have to play in their grandchildren’s lives. Unlike parents, a grandparent does not have an automatic right to apply for a contact order and will have to apply for leave to make that application. In order to be successful the grandparent must show that they have a meaningful and important connection with the child.

If that hurdle is successfully overcome then your application for contact will be considered. Frequently this will involve the appointment of a Children and Family Court Advisory and Support Service (CAFCASS) officer to look at any welfare issues that need to be considered and to prepare a report to aid the court in coming to a decision.

If the report is favourable it is often very strongly persuasive to the parent with care but if they still will not agree then there will be a full hearing with both sides giving evidence and the court making a decision on the basis of what they feel to be in the child’s best interest. You will need to convince the court that your relationship with the grandchild significantly benefits their lives.

If an order is made the court’s powers to enforce such orders have recently been increased in such a way that makes it extremely difficult for parents to ignore them. They are therefore a very powerful way to ensure that grandparents can maintain a meaningful and fulfilling relationship with their grandchildren.

Just some of the info on the web, type in grandparents contact rights, loads of stuff comes up. I hope this helps and it gets sorted at the end of the day it should be about what is best for the children.

puddy

suffolk jack is completely correct. the grandparents may request initially for the court to let them apply for contact, if they are allowed, then application for contact would go as normal.

it would be unusual for a grandparent who has been a significant figure in a childs life, and where the child is being told by their parent not to look at or talk to said grandparent, for the courts to refuse permission to apply so if all else fails i would go down that route.

grandparents and extended family members are hugely important in children's lives and its so damaging when those relationships are taken away from children

shadow4

Thanks so much for your replies, she thought she never had a chance of spending time with the kids again.

Sadly her son and his wife agreeing to mediation will not be possible things have gone too far between them to ever go back. She lent them money borrowed against her home to invest in their bussiness which they are refusing to pay back so she has had to take them to the small claims court, but she is far more devasted about losing contact with the kids.

scooby088

grandparents and extended family members are hugely important in children's lives and its so damaging when those relationships are taken away from children

[/QUOTE]

I agree in formative years like the first say 10 or so years then after that you tend to form your own opinions of people, i did and i decided i didn't want any contact with my grandparents, they were always causing trouble for my parents.

Nanna_Annie

My son died a few weeks ago and was in the procces of divorcing his wife, she is a nasty person and is always phoning the police. She has stoped all contact with my late sons family, he is only 8 and cannot even talk to his little cousins, I have spoken to a solicitor and it will cost me thousands to go through the courts to get access to him. Legal aid is not available for these matters. She will not even speak to me. So not only have I lost my son I have lost my grandson, I love him so much and there is not a single thing I can do, I have arranged for the social worker to go see him but even they hold out no hope for me at all. I have been on the phone for 2 days now trying to sort this out but there is NOTHING I can do but pray I win the lotto to get enough money to pay for all this. I pray he will come looking for me when he is old enough. I am keeping all the information I have gathered so if he does come looking for me he will see I tried everything in my power to stay in contact. There is no reasoning with her. She is only thinking of herself and not my grandson. Please do not do this to your kids, think of them not the grown ups. Thank you

NAR

How sad it is to see people resorting to using innocent children as pawns in their arguments/disputes. :mad:

Mimi_Arc_en_ciel

as suffolk jack mentions - You can apply for contact through the court - However, is this a little spat that might pass or something more serious? If its likely to pass then i'd try talking to them again, going down the court route might add fuel to a fire.

Mimi_Arc_en_ciel

NAR wrote: »

How sad it is to see people resorting to using innocent children as pawns in their arguments/disputes. :mad:

We dont know the whole situation - I personally dont allow my DD to see her grandparents and i'd fight tooth and nail to stop it - not everything is clear cut, not all grandparents are lovely people.

(sorry Op - i'm not implying this is in your case - just trying to point out not everything is clear cut)

princessdreamer

I agree in formative years like the first say 10 or so years then after that you tend to form your own opinions of people, i did and i decided i didn't want any contact with my grandparents, they were always causing trouble for my parents.[/QUOTE]

True: my children have always been allowed to speak to exs mother whenever they wish. One does every few months and the older one has the opinion she never bothers so why should I care.
Grandparents going to court for access though is wrong, can a child be split four ways, it is bad enough when two parents can't agree but two parents and two sets of grandparents all fighting is unbelievable.