When a couple separate and there are children involved, I am often contacted by the grandparents who have concerns over maintaining a relationship with their grandchildren. Their concerns often go unnoticed whilst the main focus is on the parents themselves and the time that the children will spend with each of them.

Many grandparents believe that they have a legal right to have access to their grandchildren but unfortunately this is not the case, and if one or both of the children’s parents put a block in the way of contact then grandparents need to know what options are available to them.

Obviously the first step for grandparents who fear that their relationship with their grandchildren might be affected by the separation of the children’s parents is for them to try to speak with the mother and father. At this stage, it is important that you do not allow your own personal views upon who may or may not be at fault for the breakdown of the relationship to affect how you speak to either of the parents. Emphasise that you want to support both of them as much as you can and that you are keen to continue to play a role in the grandchildren’s lives.

If discussions with the children’s parents are not possible or no progress is being made then consider talking to a specialist Family Lawyer. Sometimes a sensitively worded letter setting out your views and proposals is all it takes to reinstate contact with your grandchildren.

If this does not work then you can consider attending at Mediation. This is an entirely voluntary process so everyone who needs to be involved will have to agree to attend. An impartial third person - a trained Mediator - will meet with you and the children’s parents and the aim is to facilitate a frank and meaningful discussion with a view to an agreement being reached.

As a last resort, an application can be made to the Court but unlike parents, who usually have an automatic right to make such an application, grandparents have to ask the Court for permission to apply. Although this is normally merely a procedural step, grandparents have to satisfy the Court that they have an important and meaningful relationship with the children concerned before they can proceed any further with the case.

The Court will make it’s decision based upon what it considers to be in the best interests of the children concerned, although usually it is thought to be in the best interests of children to maintain a relationship with their extended family.

To arrange an appointment to discuss this or any other family law matter please telephone me, Christine Rawsthorne on 01792 525415 or email christine.rawsthorne@jcpsolicitors.co.uk