Grandparents Mediation

We provide Family Mediation services in all types of Family cases including Grandparent’s Issues

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Approximately one million grandparents in the United Kingdom say,

They no longer have contact with their grandkids, most often due to their children’s divorce, separation, or other family disputes.

Grandparents do not have automatic rights to see their grandchildren under the Children Act 1989; parents can refuse grandparent visitation if there is no court order authorising it.

This isn’t to say that grandparents don’t have other options. Alternatives usually involve restoring the relationship with the parent, as this is frequently the cause for parents refusing to allow their children to visit their grandparents. Mediation would be an option to improve the relationship and set something out for moving forward or having something set out via court.

FAQ's

What is Family Mediation?

When two people separate, there are usually several decisions that have to be made about issues such as:

How to separate
What to say to the children
Who will live where
The distribution of money and property

Mediation provides an opportunity for you to consider some or all of these matters together and, with the help of a mediator, decide jointly what you think are the best arrangements for you and your family.

How Mediation Works?

A mediator will meet with you both for a series of sessions, in which you will be helped to:

Make a list of all the matters you wish to consider
Collect the necessary information
Talk about the choices open to you
Negotiate with each other to reach decisions that are practicable and acceptable to you both
Discuss how you can consult your children appropriately about arrangements you decide to make

What does the Mediator do?

The mediator’s job is to act as an impartial third party, helping you to exchange information, ideas and feelings constructively so that you can progress towards joint decision-making. The mediator has no power to impose a settlement; responsibility for all decisions remains with you both since you will know better than anyone what is suitable for your family.

After a mediation appointment, the mediator will usually provide a summary of the outcome of that meeting to help you take the next steps. This might include the options you have considered, the agreements you have made, things you need to research or information you need to provide at the next meeting.

At the end of mediation, the mediator will usually prepare a full mediation summary outlining the decisions you have reached. If you have mediated about finances, this might be two formal documents – an Open Finance Statement and a Memorandum of Understanding.

Do I need to Take Legal and Other Advice?

The mediator must remain impartial, so they cannot advise you about which option is best or work to protect your interests. At certain points in mediation, the mediator may recommend you seek independent advice outside of mediation, including legal advice. The mediator will usually draw up a summary of mediation to help you do this and can also provide details about local solicitors or other organisations if you do not already have this information.

The decisions you make in mediation are not immediately legally binding but can form the basis of a financial and/or child arrangements order. We will prepare documents that make this next stage as straightforward as possible, and you can discuss the next steps with your mediator to help you decide on the best route to achieve a binding agreement.

Is Mediation Confidential?

Yes, mediation is confidential. We will never pass contact details or other personal information on to a third party without your agreement other than in the circumstances stated below:

We must contact the appropriate authority if we think that you or another party to mediation is at risk of harm.
By law, we must report to the appropriate authority any suspicion of money laundering by people undertaking mediation.

Is Mediation Privilege?

Courts are likely to regard the discussions as privileged. What you say during mediation cannot later be used in Court as evidence. We will ask each of you to agree that all discussions during mediation take place only to attempt to reach a settlement and are on the basis that they are confidential and will not be referred to in evidence in any court proceedings or affidavit about the same issue.

Facts disclosed during mediation are regarded as open; this includes the information provided when mediating about finances. This information will need to be verified with supporting documents during mediation. While it remains confidential, the information may be used subsequently in court. This means that if an agreement is not reached in mediation, you can still use it as the basis for further discussions.

How does Family Mediation help?

It gives you more say about what happens.
It is less stressful, with less conflict between you and your ex.
The agreements you make can be changed if your circumstances change.
It can be less upsetting or damaging for any children involved – and helps them continue important family relationships.
It can be quicker and cheaper than long drawn-out court battles

Why Choose Family Mediation?

Family mediators are there to help you reach decisions about important things for you and your family. They can help you find a way to plan for the future and to agree on what will work best for you without having to go to court. That can save you time, money, and stress.

Mediation provides you with space and time to think about what is most important for your children and the whole family. You can work out how arrangements for your children will work best and think about what will be important for your children as they grow up.

Regardless of whether you are a parent or not, mediation can help you deal with your money, the options you may have about where you will live, and planning your future finances.

When Should I try Family Mediation?

Contact a mediator as soon as you need help sorting things out. Even if you have been separated for a while, or if your case has already gone to court, mediation can still help to resolve things.

You cannot usually take your case to court until you find out if mediation can help you first. If you cannot show that you have considered it, the judge may stop or delay proceedings until you have. Once you have found a mediator, the next step is to attend the first meeting with them to find out if it is right for you. Sometimes this is called a Mediation Information & Assessment Meeting (MIAM). If your case is not suitable for mediation, you will still need to show the judge you have considered it by filling in the relevant court form

When Mediation Might Not be Suitable?

Family mediation works for many people, but it is not suitable for everyone. For example, it may not work if:

Someone’s safety is at risk, for example, where domestic violence or child abuse is involved. If you have evidence of the violence or abuse, you can take your case straight to court without having to consider mediation. You may qualify for legal aid to do this.
Your dispute is about financial issues, and you or your partner is bankrupt.
You do not know where your ex is and cannot contact them.
Your mediator thinks mediation will not be suitable for you.

If your case is not suitable for mediation, you will still need to show the judge why by filling in the appropriate Court Form (please ask your Mediator or Solicitor, if you have one, for the proper form).

What is a MIAM?

MIAM (or Mediation Information and Assessment Meeting) is an individual pre-mediation session with one of our mediators, in which the disputants can discuss in more detail the issues that need to be resolved and decide if mediation is the right way forward. If mediation isn’t right, the mediator can help you explore other ways to resolve the issues.

The mediator will spend some time at your MIAM, ensuring you understand how this will impact your case and check out any concerns you have about what will happen next.

Is Mediation Privilege?

What is parental responsibility?

Parental responsibility is not an easy concept to understand. It is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. A person who has parental responsibility has the right to be involved in major decisions concerning arrangements for a child, e.g. education, medical treatment, change in residence. However, the acquisition of parental responsibility does not give a person the right to interfere in day to day arrangements for a child.

Do I have parental responsibility for my child?

A mother has automatic parental responsibility – so does a married father. However, an unmarried father will only have parental responsibility if the birth registration took place after 1.12.03 and the father is named on the birth certificate.

I don’t have parental responsibility how do I acquire it?

You can acquire parental responsibility in two ways:

By entering into a written agreement with the mother on a prescribed form. This form has to be witnessed by a court official and is then sent to the Principal Registry of the Family Division in London, and sealed copies are returned to each parent.
By applying for a court order. The courts rarely refuse a father an order for parental responsibility particularly if he can demonstrate commitment towards the child by contact and financial support.

I am a step‐parent can I acquire parental responsibility?

It is possible to acquire parental responsibility in two ways:
a) You can enter into a written agreement with the parent or parents who already have parental responsibility for the child.
b) The court may grant a parental responsibility order.

What is a residence order?

A residence order sets out the arrangements as to the person with whom a child will live. A residence order gives parental responsibility (if not already held) to the person whose favour the order is made.

What about shared residence?

A residence order can be shared between two people, so the children have more than one place they consider to be their home, and their time is shared between the two.

What is a contact order?

A contact order requires the person with whom a child lives to allow the child to visit or stay with the person named in the order or to have contact in some other form.
Contact can be direct (visiting/staying) or indirect (letter/cards/presents).
Contact with his/her natural parents is regarded as a fundamental right of the child, and there have to be strong reasons for a court to refuse contact.

What is custody and access?

These are outdated legal terms. Parental responsibility and residence have replaced custody and contact has replaced access.

I am a grandparent/step‐parent can I apply for residence or contact?

As a grandparent, you will need leave of the court to bring an application for residence or contact unless the child has been living with you for a period of at least three years. The court will look at the connection you have to the child, the type of order you seek and whether there will be any disruption to the child’s life to the extent that harm will be caused.
As a step‐parent (if you are married or have been married to the child’s parent), you can bring an application for residence or contact without the necessity of applying for leave of the court.

What is a prohibited steps order?

A prohibited steps order is designed to prevent a parent from doing a specific thing relevant to their child without the consent of the court. Such an order can be made in conjunction with a contact or residence order. Frequently, it is used where a parent is threatening to take the child out of the jurisdiction of the court.

What is a specific issue order?

This order allows the court to determine an issue usually relating to some aspect of parental responsibility, e.g. where there are differences as to schooling, medical treatment, changing a child’s surname and other specific aspects of a child’s upbringing. As with prohibited steps, the order can be made in conjunction with residence or contact orders.

What does the court consider when making an order under the Children Act 1989?

Under the Children Act 1989, the child’s welfare is the paramount consideration of the court when looking at the child’s upbringing or the administration of a child’s property or income. Therefore, in reaching many decisions, the court has to consider the welfare checklist set out below:

the ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);
their physical, emotional and/or educational needs;
the likely effect on them of any change in their circumstances;
their age, sex, background and any characteristics of theirs which the court considers relevant;
any harm which they have suffered or are at risk of suffering;
how capable each of their parents (and any other person the court considers the question to be relevant) is of meeting their needs; and
the range of powers available to the court in the proceedings.

Are you in a dispute?

Very caring person dealt with me today. I didn't realise how much my mental health was affected until today

Great company, helpful in every step & helped me gain the results I was hopeful for during our mediation.

It was very helpful, I was so not sure before i joined, I'm most definitely happy that I did!

Requesting Grandparents Mediation

If you’re facing a family dispute and need assistance, please contact us directly. We’ll provide a confidential consultation to help you understand if mediation is the right solution for your situation.