Children and advice for grandparents 

When Parents separate any dispute that arise over the arrangements for their child or children are often difficult to resolve 

 

It is always preferable for parents to reach an agreement without resulting to Court proceedings either resolving their issues through the use of mediation or other forms of dispute resolution. However, in circumstances where agreement cannot be reached the parents may need to approach the Court to help make that decision. 

Since the implementation of the Children and Family Act 2014 the Court has refined its process and approach to disputes over children. Whilst the fundamental principles of the Children Act 1989 remain the same, the emphasis underpinning the changes are more on meeting needs of the child and less of the rights of the Parents. The law creates a presumption of "continued parental involvement" . Therefore, a presumption that both parents should have a continued involvement in the child's upbringing subject to any welfare concerns or risks. 

 

Arrangements for children are now defined in a “Child Arrangements Order ". The Order is designed to take away the terms Contact and Residence and as a consequent promote the ideal of continued parental involvement when determining the arrangements for the child/children. 

The vast majority of us have all relied upon Grandparents to help with “the school run” or “the aftercare from school whilst parents juggle their busy lives. 

 

During divorce or children disputes relationships between families are often strained. As a consequence children may not enjoy the relationship they had with grandparents during this difficult time. 

 

Grandparent’s rights are extremely limited as they do not hold ordinarily hold parental responsibility for their grandchildren. However the Courts do recognise the increasing importance of the role of grandparents in children’s lives. It is important then to consider re-establishing that relationship in the circumstances that it breaks down. 

There are also times where sadly parents are not in a position to care for their children. Perhaps the Local Authority are involved and the children are placed with Grandparents. In such circumstances once permission is granted by the Court grandparents may apply to the Courts for Orders such as but not limited to a child arrangements or Order or special guardianship order to determine the child’s arrangements. 

 

Garfield is an experienced and dedicated advocate who has extensive knowledge in representing clients in all areas of child law. 

Joanne is a Resolution specialist in children matters and has represented clients in many complex areas of children law. 

 

To discuss your concerns please book your free confidential appointment.