The law offers new hope to ‘heroic’ grandparents

Family breakdowns mean that grandparents sometimes have to suffer the heartache of being denied contact with their grandchildren. Now a Supreme Court ruling together with new legislation could help ease some of the pain, as Sarah Perkins explains.

It's a surprise to some people but grandparents have no automatic right to have contact with their children.

This means they can face a difficult battle if a family breakdown means they are denied access by a son or daughter-in-law or even in some cases by their own children.

Thankfully, help is in hand, both in the form of a recent landmark court case and proposed new legislation outlined by the Government in 'Support for All - the Families and Relationships Green Paper'.

Ministers want to make it easier for grandparents - described as "unsung heroes" by Children's minister Ed Balls - to seek contact with their grandchildren. As the law stands now, they have to get permission from a court before they can even start to make an application for contact.

The proposed new measures would remove that hurdle making the process easier.

Court action ought to be a last resort, of course. The first step should be to approach the parent who's being obstructive and try to reach an agreement. This can be difficult if they are feeling bitter after the break-up of a relationship but in time, most people will realise the value of their child having contact with the grandparents.

If that doens't work then mediation with the help of an independent mediator might help. However, both sides have to agree so it may not always be suitable.

Legal action may then become necessary, although there's a good chance the problem could still be resolved before you get to court. Once the application is made, family advisory officers from court agency CAFCASS may be appointed to examine welfare issues and prepare a report.

These reports are often strong enough to persuade the obstructive parent that contact would be good for their child. If not, the matter is likely to be decided by the court, who usually follow the recommendations of the CAFCASS officer.

If the court decides in favour of contact with the granparents then the parents will have to comply.

There was also good news for grandparents when the Supreme Court rules that a four-year-old boy should live with his grandmother rather than his father.

The boy's parents seperated before he was borb and he had lived all his life with his grandmother. Three years later, the father applied for a residence other. In reaching its decision, the Supreme Court ruled that a child's welfare must take precedence over the interests of the biological parents.

Lord Kerr said: "He has lived virtually all of his young life with his grandmother. He has naturally formed a strong bond with her. There is reason to apprehend that, if the bond is broken, his current stability will be threatened."

Each case must be taken on its individual maerits, of course, but this ruling together with the Green Papre should give granparents confidence that the tide is turning in their favour and that their role in their grandchildren's lives is highly valued.

For more information please contact Sarah Perkins on 0115 988 6718.