Grandparent's rights (From St Albans & Harpenden Review)

Grandparent's rights

2:23pm Thursday 18th February 2010 in

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When a relationship breaks down there are usually disagreements about the children. Who will they live with and how much contact will the non resident parent have? Quite often the extended family is forgotten. Grandparents are afraid to request contact either because they don’t feel that they have a right or, because they do not want to add fuel to the fire where there is already a big disagreement between the parents. Also, perhaps Grandparents feel that they are encroaching on a parents limited contact time.

Some parents deal with children issues on divorce or separation very sensibly. The correct approach is a holistic approach. Dealing with parents separating is very difficult for most children. The status quo needs to be preserved as much as possible. This means making sure that the children go to the same school and clubs as well as maintaining relationships with extended family. Unless there is a risk, the non resident parent should have as much contact as is needed to maintain that relationship.

The approach of the court reflects the change in parenting culture. With childcare costs increasing more and more, grandparents are playing an important role by being the carers/babysitters during the day. If there is a separation, is it fair for that grandparent to then be sidelined? The court would think not and appropriately make a contact order, providing that it was in the best interests of the child. Contact with grandparents would not be appropriate where the grandparent gave negative messages to the child about the ‘other’ parent or if the grandparent exposed the child to risk of any sort. The contact must be in the best interests of the child. Contact is the child’s right. It is nice to see so many more fathers taking paternity leave and playing an equal part in parenting. With more career women returning to work, men are sharing domestic chores and childcare responsibilities. In those situations, the court will want to see the non resident parent having as much contact as possible such that the contact time creates a ‘shared care’ arrangement. This can work well if the parents have an amicable relationship and live close to each other. Also, it will give the non resident parent enough time to take the children to see the extended family. Best regards Harjit Sarang