Minty
Those of us involved in denied contact know that a grandparents has NO automatic legal right to see their grandchildren.
Of course you can go through the courts, but is that the way forward?
It could cost you your life savings and cost you huge emotional stress, so go into it with both eyes open.
I really hope that David Vavrecka, is honest about costs and outcomes, bearing in mind his profession?
Me cynical, I most certainly am.
Perhaps he would answer the question," If a contact order is breached, what will be the consequence be for the person breaking that order, the reality not the book answer?"
Hi Minty,
It's true that grandparents have no 'rights' over and above anyone else, in the sense that if do make an application to the court, you still need permission to make the application (called 'leave'). However, the court will take account of the connection and blood tie, and this will be an important factor when the court comes to consider whether it is in the child's best interests to order contact.
As for costs, I can see this is a common theme of many of the posts, and legal costs are obviously seen as a major disincentive to going to court. So, yes, the cost of going to court can seem very large, but as a last resort, it may be a step many of you will consider you want to or have to take. Many solicitors will offer fixed fees, and discounts for members of organisations (like the Grandparents Association). It is also worth shopping around and seeing if you can negotiate a better deal from a competitor. So costs of between £500-£2000 for the initial stage, of receiving advice and upto the first hearing may give some idea of the scale of costs. Barristers can now also accept instructions direct from members of the public (Direct Access) which can also cut the costs
As for enforcement- this is the hardest nut to crack, and the courts are trying hard, and new powers allow courts to impose conditions (including unpaid work or attending parenting programmes) as well as committing parents to prison in extreme cases. If grandparents are determined to enforce their hard won contact orders, I would hope they will end up being successful- but it can be a long and arduous journey!