Grandparents are usually the forgotten casualties of a divorce or separation. Nowadays, most play a fundamental role in their grandchildren’s lives, but often are forgotten or sidelined when considering the child care arrangements upon a divorce or separation.
However, grandparents have rights under the Children Act 1989 to apply for a Child Arrangement Order which would set out the time that they can spend with their grandchildren. This is especially important if one spouse is being denied any time with their child. At least the child can retain some family link with that parent. Leave of the court is required before any application can be pursued, but this is rarely refused if a commitment can be shown.
Grandparents are also able to try and resolve matters through the less costly and less stressful route of mediation and collaboration.
Frequently Asked Questions
How do we decide what time the children will spend with each parent?
Talk to one another. Try to agree arrangements that best suit the children, that they will be comfortable with and that take into account their interests.
If we cannot agree child issues, what should we do?
Have an initial meeting with a lawyer to explore the law and your rights. Then attempt mediation or collaboration.
I live abroad, so where do I apply for an Order?
The Country in which the child has been living for the past year.
What does the court consider when making a decision about how much time the child will spend with each parent?
First and foremost the Court is concerned with the Child’s interest and welfare. An arrangement will be reached that best suits the child’s welfare.
How long does the court process take?
Between three to twelve months
What is the cost involved?
The cost varies depending on the complexity of the case. At Shortlands we try to offer fixed fees for every stage of the process.
Our professional and highly experienced team of family law can assist you in your legal matters with full respect, ensuring you maintain a private family life. Begin the process today by submitting a confidential request, filling in the form below. We will respond to you shortly.