Grandparents rights to see their grandchildren after a divorce must be protected within law, MPs have said this August 2018.
What are the current rights for grandparents to visit their grandchildren?
Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.
What’s in the news about the Children Act?
There has been cross-party backing for an alteration to the Children Act, which would refer to a child’s right to have a relationship with close members of their extended family. This would include aunts and uncles having access to their nephews and nieces.
Currently, a relative must apply to a court for access rights, then for a child arrangement order (CAO) to be put in place, which costs time and money in legal fees.
The issue was debated in the Commons in August, with the Conservative MP Nigel Huddleston saying he had heard stories of grandparents who have tried to send birthday cards or Christmas gifts to their grandchildren and found themselves being visited by the police and accused of harassment.
A Ministry of Justice spokesperson said: “The welfare of a child is the primary consideration for the family courts and steps are taken wherever possible to reduce the impact of family conflict on children when relationships end.
“We will consider any proposals for helping children maintain involvement with grandparents, together with other potential reforms to the family justice system, which are currently being looked at.”
Growing number of grandparents going to court to win right to see their grandchildren
A telegraph story reported that Statistics from the Ministry of Justice display that nearly 2,000 applications for child arrangements orders, which give family members the right to see a child, were made by grandparents.
This has risen from previously reported figures of 1,617.
Grandparents rights to see their grandchildren may be changing. As family law solicitors, we’ll be keeping our ear to the ground to ensure we are aware of any changes in law and to bring you the latest updates on Grandparents rights to see their grandchildren after parents’ divorce.