Grandparents - where do they stand?

By Carol Hill - 09/02/2010

A recent survey showed that over 90% of grandparents are assisting in some form or another and playing a big part in a child’s life.  This is a trend of modern family life where mum may have to return to work  and where child care is essential. 

 

Too frequently, often following relationship breakdown of the parents, children lose contact with their grandparents.  In such circumstances is there anything grandparents can do to ensure they remain in their grandchildren’s lives?

 

A grandparent at present has no automatic rights in law and no legal status in a child’s life.  If they wish to apply to the Court for a contact order, to see their grandchildren, or a residence order because they want their grandchild to live with them, they must ask permission of the Court to make the application in the first place.  Only people who have had the children living with them for at least 3 years can apply without permission. 

 

Before permission is granted the Court must consider the nature of the application, the applicant’s connection with the child, any risk there might be of the application disrupting a child’s life to such an extent that he or she would be harmed by it and if a child is being cared for by the Local Authority, that Authority’s plans for the child and the wishes and feelings of the child’s parents.

 

A contact order made in favour of grandparents would specify when a child saw them.  It can be for direct face to face contact, or indirect by way of letters and cards.  It enables grandparents to keep in touch and remain a presence in a child’s life.

 

A residence order states where a child lives and gives parental responsibility to a party who may not have it, thus giving a legal status in a child’s life.  .  A residence order lasts until a child is 16 years of age and can be extended in exceptional circumstances. 

 

If you are a grandparent with a residence order in place, it does not remove parental responsibility from the parents but does mean that your grandchild will live with you and that you will have a say in decisions concerning the child’s upbringing in issues for example of education or medical matters.   

 

For those grandparents who have concerns about their grandchild’s welfare or who may already be in the care of the Local Authority, they can apply for a Special Guardianship Order.  

 

If granted, a Special Guardianship Order gives parental responsibility to the applicant and parents cannot apply to have the order discharged without permission of the Courts.   Any applicant for such an Order must give 3 months written notice to the Local Authority for the area in which the child lives as the Court requires a report from that Local Authority  considering practical and financial matters.

 

Grandparents can play a wonderful part in a child’s life.  They can provide love and stability and be someone for a child to talk to.  They can give knowledge, time and pass on skills.  They have a special status in a child’s life which should be recognised with a legal status too.

 

 

This article does not constitute legal advice and should not be relied upon as such.  Carol Hill of law firm Matthew Arnold & Baldwin LLP is a senior family lawyer, a member of the SRA Family Law Accreditation Scheme Advanced and an Accredited Member of Resolution.  Carol is also a Collaborative Lawyer.  Carol can be contacted on 01923 202020 or at carol.hill@mablaw.co.uk