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Are you struggling to maintain your relationship with your grandchild or grandchildren?

Here at Chattertons we understand that the COVID-19 pandemic may have severely impacted upon all your relationships with family and friends, but perhaps more so adversely affected your relationships with your grandchildren, whilst you have been trying to keep everyone as safe as possible.

We have recently been receiving an abundance of queries from concerned grandparents, who are struggling to re-build or even spend any time whatsoever with their grandchildren.  Here's what you need to know ….

Wherever possible, it is always preferable if you can reach an amicable agreement with your grandchild's parents, or those who have parental responsibility for them.  Such an agreement can be achieved through direct negotiation, or through mediation.  Any agreement achieved through negotiation or mediation will not however be legally binding, unless that agreement is put before and approved by the Court.  If you have however explored these options and the parent or persons with parental responsibility for your grandchild are not willing to engage with you or no agreement can be reached, you should be considering making an application to the Court.

Although grandparents have no automatic right to make an application to the Court to see their grandchildren, they can ask the Court's permission to apply for an order to spend time with their grandchild and in the vast majority of cases such permission is granted, as the family courts do recognise that grandparents have an invaluable role to play in children's lives.  The sooner you make that application to the Court the better, as this will only serve to strengthen your case. 

When considering such applications, the Court will take into account the welfare checklist as follows:-

  • The ascertainable wishes and feelings of the child concerned (taking into account their age and understanding);

  • The child's physical, emotional and educational needs;

  • The likely effect on the child of any change in circumstances;

  • The child's age, sex, background and any characteristics of the child which the Court considers relevant;

  • Any harm that the child has suffered or is at risk of suffering;

  • How capable each of the child's parents, and any other person in relation to whom the Court considers the question relevant, of meeting the child's needs;

  • The range of powers available to the Court under the Children Act 1989.

If you are able to establish to the Court that it is the child's best interests to spend time with you, the Court can order that your grandchild is made available to spend time with you and you can then start to re-build your relationship at a pace that they are comfortable with. 

It is very unusual for the Court not to order some form of contact, unless it can be proven that there is a history or violence or abuse and it is deemed unsafe for your grandchild or grandchildren to spend time with you.

If you or anyone you know is struggling to maintain their relationship with their grandchild, we offer fixed fee appointments, when we can discuss with you the best way forward taking into account all the circumstances of your case.  We are rated excellent on Trustpilot and our feedback from clients is exceptional. 

Contact us

If you need any support from our vastly experienced Family Team, all of our lawyers can be contacted via their email, on their direct dial number, or by calling any of our receptions.

Our office numbers are:

Boston - 01205 351114

Horncastle - 01507 522456

Grantham - 01476 591550

Lincoln - 01522 541181

Newark - 01636 673731

Sleaford - 01529 411500

Spalding - 01775 725664

Stamford - 01780 764145

Who will deal with my case?

We have a large team of experienced family law solicitors, any one of whom will be able to advise you. You will have a single point of contact, backed up by a team that will also be up to speed on your case.

Individuals within the family law team are members of Resolution - the family lawyers’ association. The combined experience and expertise makes our family law team a force to be reckoned with. We can deal with complex and challenging cases. Our family law solicitors also have great relationships with barristers’ chambers and with mediators, so if your case requires the involvement of other experts we can arrange that.

Is there any point in having a prenuptial agreement?

A prenuptial agreement may not be the most romantic of gestures, but it can be a valuable, practical tool for protecting assets in the event of divorce. These agreements set out the way in which a couple’s assets should be split if the marriage does not last. While they are not legally binding, it is quite common for their terms to be enforced - or to at least be influential when it comes to a court deciding who should get what.

We are divorcing. Do I have to go through mediation?

No, mediation is voluntary. However, we usually advise clients to give it a go. A mediator is an independent third party, often able to help a divorcing couple reach agreement on issues around money or children, for example. In cases of a successful mediation, the court will not have to get involved.

What reasons will i have to give in order to obtain a divorce?

There are only certain facts on which someone can rely in a divorce. The law in relation to this is changing, but currently these are:

  • Unreasonable behaviour;
  • Adultery;
  • Desertion;
  • Living apart for more than two years, and both parties agree to the divorce; or
  • Living apart for more than five years.

You also need to have been married for at least 12 months before being eligible to divorce.

What if my partner and I can’t agree where our children should live?

In every divorce or separation, the parties are encouraged to put the needs of their children above all else. That is the approach that the court will take if it is asked to step in and decide whether a separating couple’s children should live with their mother or their father, and how the arrangements for contact with the other parent should look.

It is not necessarily the case that a court would decide that the children should live with their mother. The decision should involve a thorough assessment of what would be in the children’s best interests. It is quite often difficult for parents to step back and view this from anything other than their own perspective. That’s entirely understandable. However, it is important to bear in mind that where the parties cannot agree, and if mediation proves unsuccessful, the decision will be placed in the hands of a judge or magistrate.

Will I get half of my spouse's pension?

Not necessarily. As with other assets of the marriage, a pension is something that could be shared. However, there are other ways of dealing with pensions, and each partner’s individual circumstances - not least his or her own financial position - would be assessed as part of the court’s decision (if the parties cannot agree between themselves).

I have been living with my partner, in her house, and we are now splitting up. We are not married. Will I be entitled to anything?

Cohabitees, do not enjoy the same rights as married couples. Although children will be protected largely as if their parents had been married, assets are not usually split on the same basis. In addition, if the family home is in the sole name of one partner, the other will need to prove that they are entitled to share - something that is most commonly demonstrated by evidence that they had been promised a share, or that they helped to fund the purchase price. It is the reason we advise all cohabiting couples to enter into a cohabitation agreement that sets out each party’s entitlement in the event that the relationship does not last.

We are grandparents and we are not able to see the grandchildren because their parents are separating. Is there anything we can do?

You may be able to apply to the court for an order entitling you to contact with your grandchild, although you would need to seek the permission of the court to do so. You should speak to a family law solicitor and discuss with them the best course of action.