After Separation Where Do Grandparents Stand With Their Grandchildren?
It is wildly recognised that due to the increase in child care fees, grandparents are coming out of retirement to care for their grandchildren so that the parents can go back to work and earn a living and provide for their family. Unfortunately, when the relationship between the parents breaks down, the grandparents are forgotten and their contact all too frequently ceases despite the close relationship they have built up with their grandchildren.
Grandparents have always had a right to have contact with their grandchildren, however, due to court procedures, this may appear to be anything but the case. This is due to the grandparents having to apply for permission to make an application for contact before the judge considers their substantive application. When deciding whether to grant permission the court considers:-
- Whether they have a close link to the child
- Whether they are making the application for other purposes other than contact, and
- Whether the child will be at risk if the application is granted
Once they have jumped that hurdle they then have to convince the judge and the parents that it is in the best interest of the child that their application for contact is granted.
Will this Change?
Under the Family Justice Review, it is proposed that parents will be expected to draw up parenting agreements which will set out the role the grandparents will continue to play in their grandchildren’s lives. This document could then be used as evidence if the parents cease offering the contact and an application to court is necessary. It is hoped that this way children will grow up knowing their grandparents.
Some hoped that the review would look at removing the barrier of leave being granted before the grandparents can make their application but unfortunately that is not the case this time around but who knows what will happen in the future.
Samantha Sanders is a solicitor in the Care Proceedings and Adoption team. She can be contacted by phone, 01484 538421, or by e-mail, samantha.sanders@ridleyandhall.co.uk.
