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Hi there, I need some advice and dont know where to turn.
Heres the backstory, in March of this year me and my wife split up and she moved away to kent. Since moving away my wife was seeing our grandchild on a regular basis, however due to my wife having to travel to see her this became less frequent as she would have liked.
Fast forward to now – we have both decided to give our marriage a second chance as we both feel that we have grown as indiviuals and can offer more to the marriage than we could before.
Since we have decided this our eldest daughter who is the mother of the said grandchild has told her mother that if she gets back with me she will stop he seeing our grand daughter, in essence our daughter doesnt want her mother to be with anyone and to live a single life.
Do we have any rights to see our grand child as we both believe that no one can tell us what to do with our romantic lives.
We are both really lost as we have never faced this situation before.
Can someone please point us in the right direction.
Many thanks
Thank you for reaching out to us.
If there are no safety concerns in relation to the child, you should try to negotiate and talk to your daughter regarding spending time with your grandchild. We will be able to assist you and try to reach an agreement with your daughter.
If it is not possible to reach an agreement with our help, the next step is to try to resolve the issue by mediation and other forms of dispute resolution. This may help to avoid the need for costly, lengthy, and stressful legal proceedings.
If it is still not possible to reach an agreement in relation to when and for how long you can spend time with your grandchild, then you may consider making an application to the court for a Child Arrangements Order (CAO) providing for contact.
Before issuing an application for an order providing that you can spend time with your grandchildren you are required by the rules governing these applications to attend a meeting with a mediator, which is known as a mediation information and assessment meeting (a MIAM). Please see https://lisaslaw.co.uk/child-arrangements-orders-what-are-they-and-how-to-apply/ for more information regarding child arrangements orders.
However, it is unfortunate that The Children Act 1989 does not include provisions that are specifically addressed to grandparents. Grandparents do not have an automatic entitlement to make an application for a CAO. Therefore, before you are able to make a CAO application, you must first obtain permission from the court. However, it may be possible that you are entitled to apply without permission from the court, depending on whether you can meet the criteria, e.g. you are the guardian consent of the every person with parental responsibility for your grandchild.
We can only advise you further regarding whether you need to obtain court permission to apply for a CAO after we get a fuller picture of your circumstances. If you would like to instruct us to deal with your matter, please feel free to contact us.
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