A breakdown in a relationship with your son, daughter, or the guardians of your grandchildren is distressing, particularly if you are concerned about their welfare. In this short guide, we explore your options for maintaining contact together with the legal avenues regarding access, custody, and guardianship.
Requesting more time with your grandchildren
Feeling excluded from your grandchildren’s lives can be deeply upsetting, but it’s important to explore constructive approaches to rebuilding family relationships and maintaining a positive connection with them. If conversations with the child’s parents or guardians are unsuccessful, family mediation may be a valuable next step. In mediation, a trained independent professional facilitates discussions in a safe and neutral environment, helping all parties address their needs and interests. This process often leads to more sustainable outcomes, as both sides collaboratively create an arrangement, avoiding the confrontational nature of court proceedings. However, if extensive discussions and mediation fail, you may consider applying to the court for access to your grandchildren as a last resort.
Applying for access to see your grandchildren
If all non-legal routes have been unsuccessful, you can apply for access through your local District Court under Section 11B of the Guardianship of Infants Act 1964. The process involves completing a document titled Form 58.19 which is available to download from the Courts Service website here. Before completing and submitting this form it’s important to seek legal advice from an experienced family law solicitor. A solicitor will help you understand the legal process, ensure your application is correctly completed, and provide guidance on how to present your case effectively to the court. They can also advise you on the likelihood of success based on your specific circumstances and support you in gathering any necessary evidence or documentation to strengthen your case.
Factors courts will consider
The court takes several factors into account when determining applications from grandparents. Key considerations include the following:
- The child’s welfare and best interests.
- The nature and quality of the relationship between the child and the grandparents.
- The potential impact of the access arrangement on the child.
- The wishes of the child’s parents or guardians.
- The views of the child, depending on their age and maturity.
The court will always prioritise the needs of your grandchildren and ensure they are met as best as possible in line with Section 63 of the Children and Family Relationships Act 2015.
Applying for custody of grandchildren
You can apply for custody of your grandchildren if their parents or guardians are unable or unwilling to care for them due to circumstances such as death, illness, neglect, or abuse. As with applying for access, applying for custody is also carried out via your local District Court and requires professional legal advice before you submit your application. A successful custody application will result in you becoming responsible for your grandchildren’s day-to-day care, accommodation and upbringing.
Applying for guardianship of grandchildren
You can apply for guardianship of your grandchildren in circumstances where it is deemed to be in the child’s best interests. Guardianship gives you legal responsibility for the child’s welfare, including decisions about their education, healthcare, and general upbringing.
Scenarios where you have grounds to apply include:
- Parental Death or Absence – If one or both parents have died, are missing, or are unable to care for the child (for example, due to illness, addiction to substances, or incarceration), grandparents may apply for guardianship.
- Child’s Welfare at Risk – Where the child’s welfare or safety is in jeopardy due to neglect, abuse, or other issues, grandparents may apply to take over legal responsibility.
- Primary Caregiver for Over a Year – Caregivers (including grandparents) can apply for custody if they have cohabited with the child for 12 months or more, and there is no willing or able parent or guardian to conduct guardianship responsibilities.
- Agreement with the Parent(s) – A parent may consent to the grandparent becoming a guardian if they believe it is in the child’s best interest.
As with access and custody applications, applications for guardianship are also submitted to your local District Court using a document titled Form 58.30 (“Notice of application by an eligible person to be appointed a guardian”). Again, it’s important to seek legal advice before submitting this application.
Difficulties following a grant of access or custody
If you have a court order for access or custody but are still being denied contact with your grandchildren, you can apply for an enforcement order. This order instructs the parents or guardians to comply with the terms of the original order, potentially allowing extra access to make up for lost time, reimbursement for expenses, or requiring attendance at a parenting programme. Non-compliance can result in fines of up to €2,500, imprisonment for up to 12 months, or both. Applications are made using Form 58.43 and submitted to your local District Court.
Having difficulties securing access to your grandchildren?
If you are concerned about the welfare of your grandchildren, or you have been unable to secure access to them, the family law team here at McCarthy + Co Solicitors LLP will be happy to assist you. Arrange a time to speak to an experienced family law solicitor today by completing our confidential online form.
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