Grandparents rights

sweetilemon

I agree, getting along with your daughter is your opportunity for time with your grandchild. Grandparents don't automatically have rights, it's up to the parent(s) to decide what they think is best for their child. Hope you can settle your differences.

pphillips

Some of these posts seem quite judgemental and appear to be saying that 'mother knows best', which unfortunately isn't always true.

A court is there to decide what is in the best interest of the child, not you, not the mother and not the father

You normally have to go through a family mediation provider before you can go to court. If the mediation is then unsuccessful the mediator will give you a certificate that will allow you to go to court. However, as you most likely don't have parental responsibility you will need to apply to the court for permission when you fill in the C100 court application. Then its up to the court to decide whether or not your application proceeds.

Kynthia

pphillips wrote: »

Some of these posts seem quite judgemental and appear to be saying that 'mother knows best', which unfortunately isn't always true.

A court is there to decide what is in the best interest of the child, not you, not the mother and not the father

You normally have to go through a family mediation provider before you can go to court. If the mediation is then unsuccessful the mediator will give you a certificate that will allow you to go to court. However, as you most likely don't have parental responsibility you will need to apply to the court for permission when you fill in the C100 court application. Then its up to the court to decide whether or not your application proceeds.

I don't see that as what people are saying. I see it that people are saying the law assumes a parent is best to decide who is in contact with their child. It is possible to go to court and prove otherwise but unless it's another parent (or someone who raised the child for a period of time like a parent) courts don't tend to force a parent to allow someone else to have contact with their child against their wishes. Also that grandparents have no particular rights in law unlike in some other countries where they do.

That doesn't mean it's impossible for a grandparent to get access through the courts, just that it's very difficult, it may be expensive, and it has a good chance of failure particularly if there isn't proof that the mother is a bad mother. So if there's any way the mother can get on her daughter's good side in order to see her grandchild then that is probably the better route for a number of reasons but if not them they can try the courts. As I said earlier I think there's an action group campaigning on this, or perhaps Age Concern, where the OP can go for more advice and support.

AnnieO1234

I was always under the impression that the above quoted form was only applicable in the event of a divorce by the child's parents and was merely a request to be heard which was by no means guaranteed xxx

pphillips

The C100 form is a general form that the family court uses in relation to child proceedings.
This includes 'a child arrangements order' under section 8 of the Childrens Act 1989, which means an order regulating arrangements relating to any of the following—
(a)with whom a child is to live, spend time or otherwise have contact, and
(b)when a child is to live, spend time or otherwise have contact with any person.
This form is therefore not exclusive to divorcing parents as it has nothing to do with divorce, which is an entirely separate process.

AnnieO1234

So you are saying grandparents can seek to instigate a Child Arrangement Order solely off their own back?

pphillips

Yes they can but they will normally need the court's permission and have already gone to family mediation before their application can be considered. They can apply for permission by sending in a C2 form at the same time as the C100.

sheramber

https://www.gov.uk/looking-after-children-divorce/types-of-court-order

duchy

The fact they mean they can doesn't mean it will be granted and will pretty much guarantee the relationship between the grandparents and their own child will permanently end . There's no going back from dragging your own child into court. Realistically it takes a long time, is expensive, has moderate to low chance of success .....and even if an order is obtained a parent recluctent to give access can come up with endless excuses to block or reduce access (child is ill, child has a party etc etc )as well as the fact kids won't want to spend time with Grandparents if they feel Mum doesn't like it or Granny can't resist slagging Mum off.

Granny would be far better off putting the effort into building bridges than trying to force contact.

pphillips

I agree that building bridges is always the best way forward and perhaps family mediation would provide a channel of communication to enable that to happen.

Going to court is always the option of last resort and i'm not saying everyone should go to court, it depends entirely on the circumstances.

It is however incorrect to say that "even if an order is obtained a parent reluctant to give access can come up with endless excuses to block or reduce access", when they cannot. Disobeying a court order is contempt of court and that is a criminal offence.