These articles gives a general overview only and the legal position at the time of writing them. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print.
THE IMPORTANT ROLE OF GRANDPARENTS IS TO BE GIVEN MORE RECOGNITION
We all know that grandparents are very important to children and recent trends show that they are increasingly involved.
When a child’s parents separate or divorce grandparents’ relationship with their grandchildren can suffer, and grandparents and grandchildren can either lose touch or see less of one another. When children have been used to spending time with their grandparents this can be harmful to the children and a great loss to the grandparents.
Grandparents have always been able to apply to the Courts when being prevented from seeing their grandchildren but the Court’s permission has to be obtained before they can proceed. (In some limited cases grandparents can make applications to the Court without leave but only if the child has been living with them for a certain period of time.) The fact that grandparents need this permission can deter grandparents, and their relationship with their grandchildren can suffer.
Grandparents will be heartened to hear that a Government proposal, in a Green Paper titled “Families and Relationships Green Paper 20th January 2010” includes the removal of this obstacle. It is reassuring to note that the Green Paper recognises the important role of grandparents, and the need to preserve grandparent/grandchild relationships when parents separate or divorce.
If the proposal does become law then this means an important change allowing grandparents to more easily seek redress through the Courts when difficulties cannot be resolved through discussions with the parents, mediation, collaboration or with the help of their solicitor.
Carolyn Davies, a family solicitor at Lemon & Co. says, “Grandparents have always played an important role and with changes to family structures over the last few years their role has increased even further. It is important that the Government are recognising this and are proposing to remove the need to obtain the Court’s leave to make an application to the Court. The removal of that extra burden will hopefully encourage more grandparents to know they can seek a remedy through the Courts when problems cannot be resolved direct or with the help of professionals such as ourselves.”
Lemon & Co. have a Family Team of five experienced solicitors who are experienced in advising various different family members with regard to a whole range of children issues. Please do contact any of us for advice to ensure that your grandchildren do not miss out on the love and support that you as grandparents can offer and that you do not lose that most special of relationships.
24.02.2011
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We all know that grandparents are very important to children and recent trends show that they are increasingly involved....</p>
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