For most people Christmas is about spending time with family and watching children enjoy opening presents, all together.
However, the festive period can be one of the most stressful times of the year for some families.
Grandparents are often especially keen to celebrate Christmas with their grandchildren but this can become difficult especially with the breakdown of a marriage or long term partnership.
Alison Gaddes, family law solicitor at Wake Smith, said: “We know that sometimes children fall out with their parents no matter what age.
“This can leave grandparents being unable to spend time with their grandchildren and Christmas can be a flashpoint.
“Legally grandparents do not have any automatic rights to see their grandchildren with the breakdown of marriage or partnership.”
There are an estimated 13.5 million grandparents in the UK and their contribution to family life has changed beyond recognition. With most parents working nowadays, grandparents are probably more involved with the care of their grandchildren more than ever before.
Research shows that nearly five million grandparents spend the equivalent of three days a week caring for their grandchildren, and nearly half of grandparents make financial contributions towards expensive items for the family.
Alison added: “Given the increased role played by grandparents these days, withdrawal of contact can be devastating for both the children and grandparents, who can go from spending hours together daily to no contact at all when a relationship breaks down.
“When this happens, the court’s primary concern is the children's welfare. If maintaining a relationship between child and grandparent is in the child's best interest, then the court can make an order for a grandparent to spend time with the child.
“If grandparents have spent regular time periods with their grandchildren, for example child care while a parent is working, or spending school holidays or weekends with the child this would strengthen a case for contact.
“Obviously, sometimes it is inappropriate, and not in the best interests of the child, to see their grandparents.
“However, grandparents can play an important stabilising role for children. Often visits to a grandparents’ home can feel safe and normal when the rest of the world is in turmoil.”
If you feel you might lose contact with your grandchildren, the first step is to approach either parent and explain you wish to maintain contact with your grandchildren, and not come between the parents.
Mediation is often used when this is not successful.
An application to the Court is the final resort. Grandparents are disadvantaged compared to parents as there is no presumption that grandchildren should see their grandparents. In this case, one needs to seek permission of the court to make an application.
Alison added: “Either parent can object to the application. If this happens, the Court may be persuaded, usually through a hearing where it can be reinforced that a continuous relationship would be beneficial for the grandchild. Applications are considered and based upon the child’s best interests.
“The best way forward is to seek legal advice early on.”
For further information call Wake Smith Solicitors on 0114 266 6660.
