This week’s guest blogger is Solicitor, Emma Canham
from Jacksons’ Family department.
The hot topic of requirement for the law to change to give more weight to grandparent’s rights has again been in the news this week. Unfortunately, for many families, when a couple divorce the grandparent’s loose out and miss contact with their grandchildren unless they make an application to the court for a Child Arrangements Order (CAO) for contact. It is often the presumption that grandparents have automatic rights to see their grandchildren however, regrettably this is currently not the case.
The issue of contact rights for grandparents was last examined in 2011 as part of the independent Family Justice Review. The report suggested that CAOs stay in place to “prevent hopeless or vexatious applications that are not in the interests of the child”.
What would the change in Law mean?
If the government make an amendment to the Children Act, this would include a child’s right to have a close relationship with members of their extended family. Many are in favour of this need for change and the Ministry of Justice have taken notice and said it would consider the proposal.
Those with different views on the change in law.
MPs are also recognising the necessity for change and are again asking for the government to change the law to allow grandparents their rights to see their grandchildren. Shockingly, Conservative MP Nigel Huddleston said he even knew of grandparents who had been accused of harassment and were visited by police after sending birthday cards and Christmas gifts to their grandchildren. He stated “When access to grandchildren is blocked, some grandparents call it a kind of living bereavement.”
Although Labour’s Darren Jones has shown support for the change, he understands that the transition will not be an easy feat by stating “My expectation is there will be change and things have moved forward, but that is down to the work of those campaigners”.
Others believe that the law will not change and that grandparents will still have to apply for their contact. Conservative MP, Tim Loughton who argues that they should have automatic rights has said grandparents “shouldn’t hold their breath”
What is the Court’s view in relation to contact?
The court’s primary concern with regard to contact has been, and will always be, in the best interest of the child. When determining contact for a child between any family members including parents, they look to order what they believe is the right decision for the child. The court does have input from Children and Family Court Advisory and Support Service who promote the welfare of children and families.
If you have any queries, or would like advice and assistance, then please contact Emma Canham at ecanham@jacksons-law.com or call Emma on 0191 2069621/ 01642 356500.
