Can Grandparents Apply For Contact?

How Can Grandparents Apply for Contact?

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1. Attempt Mediation

The first step for grandparents seeking contact is to try mediation. This involves meeting with a family mediator to resolve the issue without going to court. Mediation is a legal requirement before applying to court, as it provides an opportunity for all parties to reach an agreement amicably.

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• If the child’s parents refuse to engage in mediation, grandparents can still attend a session on their own to obtain a MIAM certificate. This certificate is required to proceed with a court application unless exempt (e.g., in cases of domestic abuse).

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2. Apply for a Court Order Using the C2 and C100 Forms

If mediation is unsuccessful or the parents do not participate, grandparents can apply to court for contact. Grandparents must ask the court for permission to apply for a contact order by submitting a C2 form, which is included alongside the C100 form application for the contact order itself.

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• The court will consider whether granting permission is in the child’s best interests. Factors assessed include:
  • The relationship between the grandparent and the child.
  • The potential impact of contact on the child.
  • The reasons for the application.
• If permission is granted, the court will then proceed to assess the actual contact application.

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3. What the Court Considers

When reviewing the application, the court’s priority is always the child’s welfare. It will decide what type of contact is in the child’s best interests, such as:

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• Direct contact, like face-to-face visits.
• Indirect contact, such as phone calls or letters.

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4. Outcome

The process can take several months, depending on the complexity of the case and the court’s schedule. Mediation typically takes a few weeks, while applying for permission and submitting the C100 and C2 forms can take several months.

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If approved the court will determine the child arrangements between the grandparents, parents, and children. This may include face-to-face meetings, overnight stays, phone or video contact, etc.,

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If the court denies permission to apply for contact, grandparents cannot proceed with the application. However, alternative options may include:

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• Continuing to work on family reconciliation.
• Seeking legal advice for other potential remedies.

FAQs

1. Do grandparents always need permission to apply for contact?
Yes, grandparents must seek permission from the court using a C2 form, submitted alongside the C100 form, before applying for a child arrangement order.

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2. What is a MIAM certificate?
A MIAM certificate is proof that you attempted mediation before applying to court. It is issued by a family mediator and is required for most family law applications unless exempt.

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3. Can grandparents apply for full custody?
Yes, in some cases, grandparents can apply for a child arrangement order to seek full custody. However, this involves a more detailed assessment by the court.

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4. How much does it cost to apply for a C100 form?
The court fee for submitting a C100 form is typically £215, though this may vary. Mediation costs are additional but may be subsidised depending on your financial circumstances.

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5. What are the chances of success?
The success of a contact application depends on factors such as the grandparent-child relationship and the child’s welfare. Courts generally support maintaining family relationships unless there are serious concerns.

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Final Thoughts

While applying for contact as a grandparent can be challenging, the legal system provides a clear process to maintain these important relationships. By following the required steps—mediation and applying for permission and contact using the C2 and C100 forms—grandparents can take action to remain involved in their grandchildren’s lives.

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This article does not cover everyone's situation. For tailored advice, consider seeking professional support to guide you through this process. If you are looking to learn more about about child arrangement order proceedings see the video below: