Grandparents may have difficulty seeing their grandchildren for a variety of reasons, including their children’s relocation to the opposite side of the United Kingdom or problems with their kid or son or daughter-in-law that result in little or no contact with their grandchildren.
As specialized Family Choice Mediation Matlock child law attorneys, we are hesitant to discuss “grandparent rights” before the grandparents have attempted to reach an agreeable arrangement over contact with their grandkids. If this cannot be accomplished via direct communication, you may be able to do it through Family Choice Mediation Matlock or attorney discussions. Rights and legal procedures should only be discussed after all other options have been exhausted.
You may wonder why Family Choice Mediation Matlock does not recommend urgent court actions, given that we are professionals in court representation in contact procedures. Due to our knowledge, we advise you to attempt alternatives before testifying in court, as doing so might further polarize families. Sometimes you need sensible, economical guidance.
Proceedings involving grandparental contact
If you cannot handle the situation amicably, you may be forced to file a court petition to visit your grandkids. If court procedures are necessary, the children law attorneys at Family Choice Mediation Matlock will work diligently to ensure that the hearings are centred on the reasons why contact with your grandkids is in their best interests and to prevent family tensions from rising.
If a grandparent wishes to petition the court for visitation rights, there are two steps involved. This is due to the fact that grandparents do not have the legal authority to initiate an application for a child arrangement order to ensure grandparent visitation without first getting court authorization. The two-step procedure should not prevent you from applying to court, since the majority of grandparents are granted court permission to submit a complete contact application.
Grandparents submitting applications for child arrangement orders
The contact or access order is now known as a child arrangements order. If a parent, grandparent, or other relative desires contact with a kid, you will need to file for this Order.
When evaluating a grandparent’s application for authorization to seek a child arrangement order, the court will consider:
- Your relationship with the child.
The nature of the application for contact with your grandchild.
- Whether your application might be damaging to your grandchild’s health.
The court will provide directions on your substantive application, such as the submission of statements, if you have secured permission to pursue your contact application to seek a child arrangement order.
At any point in the court procedures, you can reach an agreement about grandparent visitation, allowing you to withdraw your application. If you are unable to reach an agreement, a judge will decide, at the final hearing of your court case, what Orders are in the best interests of your grandchild.
The court employs a checklist referred to as the “welfare checklist” to determine what Order to issue when a parent, grandparent, or other family member requests contact.
Will I have access to my grandchildren?
Children’s law attorneys are frequently asked, “Will I be able to communicate with my grandchildren?” Examining the elements that the court analyses and weighing them might help you decide whether to initiate legal proceedings or accept what you perceive as a compromise for your grandchild’s contact with you.
When determining a matter about a child’s upbringing and visitation, the court’s first concern is the child’s welfare. That implies the best interests of the kid supersede parental preferences or personal desires.
In determining child-related orders, the court analyses a predetermined list of considerations. The judge’s decision will be based on what they believe is best for the child. For instance, a parent may desire that their kid have no contact with a grandmother, but the grandparent desires weekly contact. The court may determine that monthly contact is optimal due to the kid’s weekend athletic or other obligations, while acknowledging the significance of the youngster maintaining a meaningful and continuous relationship with their grandparents.
How Family Choice Mediation Matlock may assist in grandparent visitation conflicts
It is difficult to accept that you are not seeing your grandkids, particularly when your friends discuss what they do with their grandchildren. Getting legal guidance on your best alternatives as a grandparent might help you comprehend the actions you can take to visit your grandkids.