Grounds for Divorce - Examples of Unreasonable Behaviour
There is only one Ground for Divorce - that the marriage has irretrievably broken down. To prove this, you have to give one of five reasons.
Partner, Family Law
Unfortunately as a grandparent in England or Wales, you do not have any automatic legal rights to see your grandchildren if a parent prevents you from seeing them.
However, sometimes Family Courts do recognise the priceless role that a grandparent has to play in a child’s life and it is therefore unlikely that a Court will refuse contact unless it is satisfied that the contact is not in the best interests of the children.
There are steps you can take to spend time with your grandchildren. These are:
Apply to the Family Court for a Child Arrangement Order (formerly known as a Contact Order)
Informal family-based arrangements are the preferred option in any case involving the right to see a child as it reduces any tension between individuals that may be picked up on by the child. Additionally, it’s the best way of ensuring that the best interests of the child are always kept at the heart of the matter.
With an informal arrangement, parental responsibility will remain with the parents typically and these parents can simply delegate any day-to-day decision making to the person who their child is staying with. This could include general decision making such as feeding the child however major decisions would still need to be made by the person or people who have parental responsibilities for that child.
Examples of major decisions include non-emergency medical treatment, schooling and travel abroad. Parents or those individuals with parental responsibility can decide to end the informal family-based arrangement at any time.
It’s important to note that an informal family-based arrangement is not legally binding and is therefore not enforceable at all.
Even with the best intentions and the children’s best interests at heart, if an informal family-based agreement is not possible, an independent family mediator can help you and family members work out an agreement.
A mediator will organise a Mediation Information and Assessment Meeting (MIAM). This is designed to find a suitable agreement following separation or divorce and this includes cases where children are involved.
Mediation is not always suitable and various exemptions apply. It is therefore important to take advice in relation to this prior to making your application to mediation.
‘NHS: Urgent Mental Health Helpline’ by NHS (n.d.) ‘Find an urgent mental health helpline’. Available at: https://www.nhs.uk/service-search/mental-health/find-an-urgent-mental-health-helpline (Accessed: 02/12/2023).
‘Samaritans: Contact Information by Samaritans’ (n.d.) Contact Samaritan. Available at: https://www.samaritans.org/how-we-can-help/contact-samaritan/ (Accessed: 02/12/2023)
‘SANE: Saneline Services’ by SANE (n.d.) Saneline Services. Available at: https://www.sane.org.uk/how-we-help/emotional-support/saneline-services (Accessed: 02/12/2023).
UK Government. (n.d.). Contact Grandchild Parents: Divorce or Separate. [Online] Available at: https://www.gov.uk/contact-grandchild-parents-divorce-separate (Accessed: 20/12/2023).
UK Government. (n.d.). Apply for Parental Responsibility. [Online] Available at: https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility (Accessed: 20/12/2023).
UK Government. (n.d.). Who Has Parental Responsibility. [Online] Available at: https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility (Accessed: 20/12/2023).
UK Government. (n.d.). Types of Court Order: Looking After Children in Divorce. [Online] Available at: https://www.gov.uk/looking-after-children-divorce/types-of-court-order (Accessed: 20/12/2023).
Kinship. (n.d.). Informal Arrangements. [Online] Available at: https://kinship.org.uk/for-kinship-carers/what-is-kinship-care/informal-arrangements/ (Accessed: 20/12/2023).
UK Government. (n.d.). Form C100: Application Under the Children Act 1989. [Online] Available at: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge (Accessed: 20/12/2023).
Simpson Millar LLP. (n.d.). What is Parental Responsibility? [Online] Available at: https://www.simpsonmillar.co.uk/family-law-solicitors/child-law-solicitors/what-is-parental-responsibility/ (Accessed: 20/12/2023).
Simpson Millar LLP. (n.d.). What's the Difference Between a Decree Nisi and a Decree Absolute? [Online] Available at: https://www.simpsonmillar.co.uk/family-law-solicitors/divorce/whats-the-difference-between-a-decree-nisi-and-a-decree-absolute/ (Accessed: 20/12/2023).
Simpson Millar LLP. (n.d.). Divorce and Family Home Disputes. [Online] Available at: https://www.simpsonmillar.co.uk/family-law-solicitors/divorce/divorce-and-family-home-disputes/ (Accessed: 20/12/2023).
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3465