Pictured above: Angela Davis

As many as forty-two percent of grandparents are forced to lose contact with their grandchild following their parents divorce, and the children lose-out on vital emotional support at a traumatic time, according to Nottingham family lawyer Angela Davis.

"Grandparents play an important role in family life," says Angela.  "In today's society, both the husband and wife work and grandparents often help out with childcare providing invaluable support. However, if a marriage breaks down, the profound affect on grandparents can often be ignored, with as many as forty-two percent of grandparents losing contact with their treasured grandchildren altogether following a divorce, according to recent statistics.

"When a marriage breaks down, most of the focus will undoubtedly be upon the couple and their children but there is also an impact on the grandparents. All too often grandparents who could offer ongoing support, stability and security for their grandchildren risk being cut out and can get caught up in the middle of warring parents."

Angela says grandparents should strive to maintain communication with both parents: "Wherever possible, grandparents should discuss matters with both parents at an early stage, but be careful not to get drawn into taking sides or apportioning blame. They should make it clear that they want to be reasonable and to play an ongoing part in their grandchildren's lives.

"They must also be realistic - sometimes a reduction in contact may be inevitable as the grandchildren may now have to divide their time between more households than previously - potentially mum and dad's home as well as two sets of grandparents.

"If agreement cannot be reached swiftly, grandparents should consider the possibility of a referral to a mediation service to see whether a mediator can assist all concerned in reaching agreement. As a last resort, grandparents could consider an application to the Court."

Grandparents can apply for contact with their grandchildren, however a grandparent does not have an automatic right to do so. Angela explains: "Grandparents must first apply for 'leave' or 'permission'. When deciding whether to grant leave, the Court will consider the family circumstances and the role the grandparent has played in the child's life in the period leading up to the application. Leave would most likely be granted for a grandparent who has had a meaningful relationship with the grandchildren. Once leave has been granted the Court will go on to consider the application in detail. 

"The Court will take into account the wishes and feelings of the children involved as well as various other factors and considerations to include the children's established routine.

The Court would normally instruct CAFCASS - the Children And Family Court Advisory and Support Service - to become involved and to prepare a report. This would involve a CAFCASS Officer interviewing all of the parties and speaking with the children themselves. The CAFCASS Officer's role is to investigate and then report to the Judge the findings and recommendations. The Court can then make an order if necessary and appropriate."