A children law expert at Knights says speed is key for grandparents set to miss out on time with their grandchildren this Christmas.
With the festivities fast approaching, Katie Welton-Dillon says it is important people are aware of the rights they possess when it comes to spending time with their grandchildren – with many unaware of their options. She said:
“Grandparents’ rights are different to parents’ rights in that mum and dad have immediate access to the court system in relation to the care arrangements for their children – grandparents don’t have that automatic right.
“Despite this, grandparents can still make a court application providing they go through a two-stage test – satisfying the court that they should be allowed to move forward with an application.
“An application to court is of course a last resort, when grandparents have exhausted all their options and are still unable to see their grandchildren. Examples like this often occur when mums and dads, collectively or individually, have decided they don’t want their parents to see their children – or only allow limited time.
“When looking to rectify a situation like this, I would always say it’s important to consider non-court dispute resolution options in the first instance. Instructing a solicitor and invite parents to mediation in hope an agreement can be reach out of court is always preferable to taking it further through the legal system.
“Mediation is key as it allows discussion to be had in the right way whilst speeding up the process – avoiding what is already an overburdened family court system.
“However, mediation is often only appropriate when all parties want to discuss the issues and are open minded. If they are not, a court application is the next step. Given the two-stage test of an application and the difficult nature of such an application, I always advise that grandparents instruct a specialist solicitor to assist them.
“A recent case of mine highlighted another pertinent question in – what are the children used to? In this case, grandparents had been an integral part of the children’s upbringing and livelihood – regularly picking them up at school and looking after them at weekends. On separation, one parent wanted to prevent her ex-partner from seeing her children which, by default, impacted one set of grandparents. In this case, the court looked at what the children had been used to and what is in their best interest.
“However, nothing is a quick fix within the current family law system and timing is key. Issues like these prove to be more prevalent at this time of year so taking appropriate advice is vital. I’ll always be up front with my clients and let them know straight away whether their application is likely to be successful or not – it often requires a holistic look – for example will this application help their child if they themselves are being prevented from seeing their children or will it hinder it?
“Many grandparents don’t know these rights exists to them. The initial step is to reach out and get some advice rather than wondering is there something that can be done to ensure you can see your grandchildren during the festivities. Don’t delay.”