Have you been stopped access or having contact with your Grandchildren and need help? Speak to MIAMS
Grandparents mediation helps grandparents resolve disputes and establish contact arrangements with their grandchildren. It is essential because it fosters a good relationship between grandparents and grandchildren, focusing on the child’s best interests. MIAMS Mediation provides a less adversarial and more co-operative environment compared to court proceedings.
the UK, grandparents do not have an automatic legal right to see their grandchildren. However, they can apply for contact through a child arrangements order. This may require leave of the court, which means getting permission before making a court application.
The MIAMS mediation process involves several steps:
Mediation Sessions: If mediation is deemed appropriate, sessions will be scheduled. These can address direct contact, such as face-to-face visits, and indirect contact, like phone calls or video calls.
Agreements and Outcomes: If agreements are reached, they can be documented in a Memorandum of Understanding and may be made legally binding through a consent order with the help of a solicitor.
A: Yes, grandparents on a low income may be eligible for legal aid to cover the costs of mediation. This assistance ensures that financial constraints do not hinder access to mediation services.
A: If mediation is unsuccessful, the next step may involve making a court application for a child arrangements order. A CAFCASS report may be required to provide the family court with an independent assessment of the child’s circumstances and the suitability of contact arrangements.
A: Grandparents can seek legal advice from a solicitor or organizations like Citizens Advice. Legal advice can help grandparents understand their rights and the legal processes involved in seeking contact with their grandchildren under the Children Act.
A: In cases involving domestic violence, mediation can still be an option but with additional safeguards, such as conducting sessions in separate rooms or via video calls to ensure safety.
A: Grandparents must first obtain leave of the court to apply for a child arrangements order. This involves submitting a court application and paying a court fee. The court will consider various factors, including the child’s best interests and the nature of the relationship between the grandparent and grandchild.
A: Yes, mediation services are available across England, Wales, and Scotland. Each region has specific procedures, so it’s important to speak to us for us to place you with the right mediator who will be familiar with regional laws.
For more information or to schedule a MIAM, contact our family mediation services . Our team can be reached via email or phone and offer initial consultations to discuss your situation.
Contact us HERE for more details to speak to a mediator and begin your mediation journey.
General information about Mediation, Please click the links below to find out more info:
Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the supportof a mediator who will hold a Mediation Information Assessment Meeting or MIAM. A MIAM can guide communication and set the tone for the goals of mediation.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms either virtually or physically and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
MIAMS Mediators can also help with will disputes: resolving issues between and coming to an acceptable compromise to the conflict that arises as a result of separation.
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