Following the separation of parents, contact between a child and their grandparents may be disrupted or stopped entirely. Grandparents do not have an automatic legal right to contact with their grandchildren, but they can apply to the Family Court for a Child Arrangements Order (CAO).
Before making any court application, grandparents are strongly encouraged—and often required—to attempt Family Mediation.
Mediation is the most effective and least stressful way for grandparents to rebuild a relationship with the parents (or the parent with whom the child lives) and secure time with the grandchildren.
Legal Necessity
While a grandparent is not always legally required to attend a MIAM (Mediation Information and Assessment Meeting) before applying for a CAO, the court will always look favourably on those who have attempted mediation first. Furthermore, if a grandparent wishes to apply for a CAO, they first need to seek Leave (Permission) from the court. The Judge at the Birmingham Family Justice Centre will almost certainly ask what steps were taken to resolve the issue outside of court.
Preserving Relationships
Unlike court, mediation is designed to encourage future co-operation. For grandparents, maintaining an amicable relationship with the child’s parents is critical, as any court order will rely on the goodwill of the parents to function smoothly. Mediation helps to:
Identify Underlying Concerns: It allows parents to explain why contact stopped (e.g., historical conflict, perceived interference) in a safe, neutral space.
Create Tailored Solutions: Grandparents can negotiate specific times (e.g., half-term access, holiday periods) that suit the child’s established routine.
Grandparents can either attend mediation sessions on their own or alongside the parents, depending on the circumstances and the mediator’s advice.
Key Topics for Negotiation
In mediation, grandparents typically focus on arrangements that support the child’s life without interfering with the primary parenting schedule:
If mediation is unsuccessful, a grandparent seeking contact must follow a two-stage process at the Birmingham Civil and Family Justice Centre:
Stage 1: Applying for Leave (Permission)
Grandparents must first file a Form C2 requesting Leave to make an application for a CAO. They must satisfy the court that there is a strong justification for the application.
Stage 2: Applying for a CAO
If Leave is granted, the grandparent can then proceed with the Form C100 application for a Child Arrangements Order, seeking defined contact time.
The Judge will then consider the Welfare Checklist, focusing heavily on the benefit of the grandparent/child relationship to the child’s overall wellbeing.
National Family Mediation offers Services in the Birmingham area.
Call the Team today on 03300 101 367 or fill out a contact form here.
Our Birmingham Mediation Hub Strictly by Appointment Only. Location is not staffed.
Mediation and urgent MIAM appointments can be arranged online
Our Birmingham Mediation Hub Address;
Local Court Contact Information – Birmingham Civil and Family Justice Centre – The Priory Courts, Bull Street, Birmingham, B4 6AF.
Key Takeaway – For grandparents, mediation is often the only realistic route to an agreement that rebuilds trust. It avoids the potentially negative effect that a contested court application has on relationships with the parents.
Below is some useful information Grandparents and Family Mediation, For other useful information see our FAQ page here.