The last resort would be going to court. Family issues are very sensitive and going to Court can create further differences. Do also bear in mind that going to court would have its expenses, such as the initial Court fee of £215, as well as legal fees. Although facing these negatives is understandable when you are unable to see your grandchildren and everything you have tried is not making a difference to this situation.
Child Arrangement Order
You would need to apply for a Child Arrangement Order (CAO) in the Family Court. This was formerly known as a residence order. A CAO is an order that sets out where a child lives and who they will spend time with. Before doing this, we would recommend you first get some legal advice. You may need to get permission from the Court before you can apply for such an order. If permission is granted to you, then you can go further with the application.
The Court looks at each case individually and will assess what is best for the child. Whatever the order outlines, is the actions that must be taken by you and/or the parents.
If the order is successfully granted, you would be able to see your grandchildren and you would have a Court document to prove this. The court would however decide the frequency of the access and the method by which the contact is allowed, for example, it may be in direct contact with video calls 2 times a week.
If a parent(s) objects to the Court application, then the Court may find the need to conduct a full hearing. You, as the grandparents, along with the parents of the child, would have the option to submit any evidence you may have in support of your case. This is why we recommend that you obtain legal advice, to help you prepare for this.
The Court will make the decision based on what is best for the grandchild. But courts do recognise that grandparents can have an invaluable role in a child’s life and that the relationship they share can be important.
When the application to the Court is made, an officer from CAFCASS (Children and Family Court Advisory and Support Service) will be appointed. They will report to the Court any discussions attempted between the grandparents and parents of the child. Their duty will also include making recommendations to the Court.
Child Arrangement Order
If your grandchild has lived with you for 1 year, you can apply for a Child Arrangement Order for residence arrangements without needing permission from the court. If your grandchild has not lived with you, then under this circumstance, you must apply for permission from the court to apply for the CMO.
Another way you can acquire rights is through adoption. But this can only happen in limited circumstances. In the case of grandparents, it is usually preferred to use special guardianship (read above), rather than adoption. This is because the changes to the family relationship, by the grandparents legally becoming the child’s parents, can become confusing, especially for the child.
Prohibited Steps Order
You may be able to apply for a prohibited steps order. If you already have a CAO in place, then you will not need to obtain permission from the court. A prohibited steps order would apply to a child aged up to 16. It would ensure that a specific action being taken about that child is prohibited. It can also take away a person’s parental responsibility.
The court can assign a time limit to this order or make it indefinite so that you would have to apply to vary or end the order to stop it.
This order can be made on an emergency basis, but there must be strong evidence or an imminent threat. The application would therefore be made without the other party knowing (‘without notice’) and they would therefore not be present at the hearing. If this is granted, then the other party would be required to attend another hearing once they had been served with the application and order made.
The court would look at what is in the best interest of the child, as they would in any order relating to children.
Specific Issue Order
On the other hand, a specific issue order would be made when the court is asked to decide on an aspect of parental responsibility. This could be on issues such as the education of a child, whether the child should have a religious education, whether certain medical treatments should be carried out, changing a child’s name, or even preventing someone from having contact with a child. It could also be something other than these issues.
It is therefore used to look at a specific question about how the child is being brought up. However, this order will not be made if the result can be achieved in a CAO.
The order will automatically last until the child is 16 years old, but in exceptional circumstances, it may last until the child reaches 18 years old.
Parents, anyone with parental responsibility or named on a CAO, can apply for this order. Therefore, if you as the grandparents do have parental responsibility already and you want clarification on a certain issue, then this would be the best order for you.
Applications are heard before a judge and a social worker from CAFCASS.
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