Grandparents have become increasingly important to the lives of their grandchildren in recent decades, often providing emotional support, childcare, and stability in the family unit. Studies consistently highlight the benefits of close relationships between grandparents and grandchildren, emphasising the critical role grandparents play in a child’s development. However, family dynamics can shift dramatically following a divorce or bereavement, often impacting these cherished relationships.

The Challenges of Family Breakdown

Divorce is one of the most common scenarios where grandparent/grandchild relationships are strained. In acrimonious separations, grandparents may inadvertently be seen as aligned with one parent, leading to conflict with the other and limiting their ability to maintain a relationship with their grandchildren.

Similarly, the death of a parent can create significant challenges. While grief can bring families closer, it can also lead to tensions, especially if the surviving parent or guardian feels overwhelmed or disconnected from the extended family of the deceased parent. Over time, this can result in grandparents being pushed to the periphery of the child’s life.

Practical Steps Grandparents Can Take

In these situations, it is crucial for grandparents to approach the matter with sensitivity, keeping the child’s best interests at the forefront.

Stay Neutral and Supportive: Children undergoing family upheaval need stability. Avoid criticising or belittling either parent in front of the child, as this can create feelings of insecurity. Instead, focus on providing consistent support and reassurance.

Communicate Openly: Address concerns directly with the child’s parents as early as possible. Open, respectful communication can often resolve issues without the need for legal intervention.

Consider Mediation: Family mediators can help resolve disputes amicably. Mediation provides a neutral space to discuss concerns and seek solutions that prioritise the child’s well-being. In some cases, child-inclusive mediation can also be beneficial, allowing the child’s voice to be heard.

Explore Family Therapy: Therapy can be a helpful tool for addressing underlying tensions and rebuilding trust between grandparents, parents, and grandchildren.

What Happens If an Agreement Cannot Be Reached?

When communication and mediation fail, grandparents may need to consider legal options. However, the law does not automatically grant grandparents the right to maintain contact with their grandchildren.

Applying to Court

Grandparents must first apply to the family court for permission (known as “leave to apply”) before they can request a Child Arrangements Order. The court will consider:

  • The relationship between the grandparent and the child.
  • The nature of the proposed application.
  • Any potential disruption to the child’s life.

If permission is granted, the court’s paramount consideration is the child’s best interests. While there is no presumption in favor of grandparent contact, strong evidence of a positive relationship will often work in the grandparent’s favor.

Legal Options in Cases of Bereavement

Following the death of a parent, grandparents may feel excluded from their grandchild’s life. If informal arrangements break down, they can apply for a Child Arrangements Order. In cases where grandparents believe the child’s welfare is at risk or that they are best placed to provide care, they may also consider seeking a Special Guardianship Order, granting them parental responsibility.

Costs and Timeline for Legal Action

The cost and duration of court proceedings will depend on the complexity of the case. Mediation is often a quicker and more cost-effective option, but for unresolved disputes, the family court process may be necessary. Consulting a specialist family law solicitor is essential to understand the potential costs and timeline for your specific situation.

Support for Grandparents

Navigating legal and emotional challenges can feel overwhelming. Fortunately, there are resources available to support grandparents, including:

Family Mediation Council: Guidance on mediation and finding accredited mediators.

Kinship: Support for grandparents who are primary carers.

Citizens Advice: Free, impartial advice on family law issues.

Protecting the Grandparent/Grandchild Bond

At Arlingsworth Solicitors, we understand how vital grandparents are to their grandchildren’s lives. When family relationships break down, we are here to help you explore your options and fight for your right to maintain contact with your loved ones. Our experienced family law solicitors provide compassionate, expert advice tailored to your circumstances, helping you navigate this challenging time.

If you are facing difficulties maintaining contact with your grandchildren following a divorce or bereavement, don’t hesitate to contact our team at Arlingsworth Solicitors. Together, we can work to preserve and protect the precious bond between you and your grandchildren.

This article contains general information about navigating rights as a grandparent following divorce or death of a parent, and does not constitute legal advice and should not be treated or relied upon as such. It is provided without any representations or warranties, express or implied. The information contained within this article is correct as of 30th January 2025.