Grandparents – A New Lifeline?

26th May 2011

For many families, grandparents play an obvious and essential part in looking after the children of a relationship. Without the help from grandparents, many parents would be unable to go out to work.

Sadly however, there is also now a growing number of grandparents who have little or no contact with their grandchildren. Recent figures reveal that following the divorce or breakdown in a relationship, more than half of the grandparents will have no contact at all with their grandparents.

A new government initiative aims to remedy this situation and give help to grandparents who are cut off from seeing their grandchildren.

William Edwards is a family law specialist at Thatcher & Hallam LLP.

‘At present it is possible for grandparents to make an application under the Children Act for a contact order to see their grandchildren,’ says William. ‘However, there are no rights enshrined in law and before any application can be made it is necessary to obtain the leave of the court first. Should the application for contact be resisted, then the proceedings will be expensive and are likely to be drawn out.’

The newly formed Family Justice Review has been set up to remedy this situation and to make it easier for grandparents to see their grandchildren following parental break-up.

‘The idea is that upon the split of a relationship, the mother and father will enter into what will be called a Parenting Agreement,’ explains William. ‘This Agreement will include the future role of grandparents so in theory-the idea is extremely good.’

However, for the present at least, William would still urge caution for any grandparents who believe that they will soon be able to get instant contact with their grandchildren.

‘We will have to see what the Review comes up with,’ adds William. ‘The problem will still lie in the parties agreeing. If there is no agreement between the parents, for the present at least I really can’t see a way forward for grandparents unless they go down the existing route by applying to the court in order to see their grandchildren. Should the application for contact be resisted, then the proceedings could be expensive and may well be drawn out.’

Any grandparent wanting to know what their rights are and how they can get help should contact William on 01761 414646.