Dealing with the Divorce Aftermath: Grandparents and Extended Family Rights

One of the hardest aspects of a divorce and dealing with the aftermath is the change of dynamics to the family unit including how much access children will have with their extended family, particularly the grandparents. Many grandparents have taken a very active role in caring for the children – for example if both parents work, or the grandparents have stepped in to help for a prolonged time due to other circumstances, such as poor health of one or both parents. Vicky Preece, a Solicitor in IBB’s Family Law Practice looks at the current law around access and the potential legal changes afoot.

Grandparents and the current law

Should a grandparent wish to spend time with their grandchildren and they are unable to reach an agreement with the parents directly, an Application to Court must be made. This application looks not only at whether the children should spend time with their grandparents and how much time, but also whether the grandparents should have the right to even bring the application to the Court’s attention.

For the Courts to grant permission, they consider factors including the nature of the application, the grandparents’ connection with the child and also whether there are any risks to a child’s life being disrupted and potentially harmed by it.

Assuming the Court grants permission for grandparents to make an application, they will look further into the wishes and feelings of the child concerned, the child’s physical, emotional and educational needs and the likely effect on the child if circumstances changes as a result of the Court’s decision. In addition, the child’s age, sex, background, any harm the child has suffered or may be at risk of suffering and the capability of the child’s parents (or other relevant people) in meeting the child’s needs are also considered.

The proposed changes in law

Clearly there are too many challenges and obstacles under the present UK law. It’s why some MPs have been recently calling for the Government to make changes and includes an amendment to the Children’s Act which would include a child’s right to have a close relationship with members of their extended family including grandparents, aunts and uncles. The Ministry of Justice said it would consider the proposal and so watch this space!

In the meantime, if any grandparents need advice or support about gaining access to their grandchildren in light of a family split, please contact Vicky Preece on 03456 381381.