Date 17 August 2011
The short answer to this question is no.
Grandparents can find it very difficult when their son or daughter separates from their spouse or partner and in some cases this can lead to a significant loss of contact with their grandchildren.
It is possible for grandparents to apply the Court for a Contact Order. However, there is an additional requirements, over and above the requirements for a parent. Grandparents have to obtain permission from the Court first to make the application. The thinking behind this is for the Court to rule out applications that have little chance of success.
However, grandparents should not be discouraged by this. The Norgrove report has found there is no indication from Court outcomes that it is particularly difficult for grandparents to obtain the Court’s permission to proceed.
The Norgrove report, published in March this year, raises the hopes of grandparents in recognising the importance of their role, particularly when families separate. However, there are no proposed changes to enable grandparents to simply make their application without the additional barrier of obtaining the Court’s permission first.
So the question is “What should grandparents do?”
I would suggest that, at a very early stage, they seek their own independent legal advice. This can simply be an initial appointment with a solicitor. This usually lasts about an hour but the benefits can be huge.
At an early stage, and before the parties have taken steps, or become entrenched in positions, that they cannot retreat from, grandparents will understand the process and the implications for their future contact with grandchildren.
It is often sufficient, to secure ongoing contact, for grandparents to avoid taking sides. Parents can be worried that if their children see their grandparents the grandparents will take the opportunity to criticise or denigrate the parent. Grandparents may feel they are being loyal to their own child by taking their side but it could mean that their grandchildren do not have the benefit of a close and ongoing relationship with their grandparents.
Just talking it through with a solicitor at an early stage can help avoid the pitfalls which can be so damaging later on.
The Courts are keen for children to have contact with their extended family and those people who were important to them prior to the separation. However, Courts have to weigh this against the detriment to the children if there is obvious discord between either parent and members of the extended family. Although, therefore we have the Norgrove report emphasising the role that grandparents play when a marriage or relationship breaks down and there is greater recognition of their role, it is not necessarily going to make it any easier for grandparents to obtain a Contact Order.
Time will tell whether the Courts reflect the spirit of the Norgrove report including reference to contact with grandparents in future orders and parenting agreements.
If you would like more information or advice relating to a specific matter, please do not hesitate to contact Marilyn Bell on 01727 798009 or by email at marilyn.bell@salaw.com.
© SA LAW 2011
Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them. You are recommended to obtain specific advice in respect of individual case