While Christmas is a time to spend together for many families, many will also face the challenge of navigating child contact arrangements.
In some cases, the dispute is more straightforward, between parents, for example – but what happens when grandparents are involved?
Knowing the circumstances
Grandparents’ rights are hotly debated in the world of family law, particularly as current legislation does not fully account for the diversity of relationships some grandparents have with their grandchildren, or the reasons behind child contact disputes.
What do we mean by this? When many people think of child contact disputes involving grandparents, they picture a well-meaning parent removing their child from their grandparents’ lives for their own wellbeing or safety.
While this is sometimes the case, child contact disputes can arise out of any number of situations, including:
- A dispute between the parent and grandparent that does not involve the child
- Parents having a new partner and wanting to spend Christmas with them
- Logistics, such as moving away
When this happens, grandparents will often try to come to an informal arrangement with the child’s parents, but this isn’t always possible.
Going through official channels
It is important to remember that grandparents do not have the automatic right to see their grandchildren under the law in England and Wales – unless they have an existing Special Guardianship Order which gives them parental responsibility.
In the absence of an informal agreement, pursuing a Court order is the only major option available to grandparents who believe that contact would be in the child’s best interest.
To do this, grandparents will usually first be expected to go through family mediation with the parents of the child – known as a Mediation Information and Assessment Meeting (MIAM).
Mediation must be considered before proceeding to the family courts unless it is not safe to do so, and is often a suitable option for families where parents cannot agree with grandparents without some impartial support.
If mediation fails or isn’t an option, you can go through the family court to obtain an order that allows grandparents to see their grandchild at Christmas – but this ought to be the last resort.
In cases where someone applies to the courts for an order and they do not have parental responsibility – they first need to seek permission to apply they then, particularly for short-term arrangements like Christmas contact – there needs to be substantial evidence that not allowing the contact would harm the child in some way, and that allowing the contact would benefit the child and be in their best interests.
Cases cannot purely rely on the wishes of the grandparent and grandchild if they go against the wishes and decision of the child’s parents, i.e. those who are legally allowed to make decisions on behalf of their child.
Due to a significant backlog, the family courts may also struggle to prioritise matters involving Christmas and child contact, particularly where there is no evidence that the child’s wellbeing is in peril.
It is therefore best to agree informally with parents over agreements at Christmas and seek out support in the form of mediation – or arbitration if you need additional help, if that does not work out then an application maybe necessary.
For advice on working out child contact arrangements at Christmas, please contact our team to discuss your needs.