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Eastbourne Gap Group (Grandparents As Parents)
An independent resource for those wishing to find information and support.
GAP is a support service for grandparents who look after grandchildren in a permanent or temporary parenting role. This may occur because of illness, marriage breakdown or work schedules but usually there is little time for planning and often grandparents receive no real help, advice or support.
Many of the grandparents we hear from speak of how exhausting re-parenting can be and how isolated they feel.
For support, information and help speak to Sue Grimer on 01323 638474 or download the GAP Leaflet here.
Grandparent's Rights
Grandchildren from broken homes are increasingly being deprived of contact with grandparents, says family law specialist Carol Whereat in Septembers Mature Times.
Over the years, case law has developed to provide a level of contact with children for absent parents. But it is a sad fact that grandparents are often overlooked in the equation. The grandparent acts as a role model, influencing children directly and indirectly and is a valuable family asset, but the law does little to support them.
The first step is to approach a child's mother or father and explain that, no matter what problems exist between the parents - or the parents and grandparents - as a grandparent, you do not intend to take sides but only wish to maintain contact with your grandchildren.
If grandparents are unsuccessful in this approach, the legal approach is through an application to the court. In this instance, grandparents are at a disadvantage compared to parents as there is no presumption of contact with the child.
They also have an additional hurdle to get over first in that they must apply for leave to apply for a contact order - they have to initially apply to the court for permission to apply for a contact order. Even if this permission is granted, and an application for contact is then filed, the are no guarantees.
In a case in 1995, the grandparents were finally granted leave on appeal as they had had close contact with their grandchildren and visited them frequently. Despite this, and other, precedents, there is not automatic presumption in favour of grandparents obtaining leave.
If the court feels that there is disharmony between the grandparents and the parents of the child and that that contact application is doomed to fail, it will not grant leave.
Neither will the court grant leave if the disruption it would cause in the child's family would be harmful to the child. The court will always put the child's welfare first and will only make an order if it is to the child's advantage.
Parents may object, which often results in a full court hearing where grandparents must prove they had a meaningful and ongoing relationship with their grandchild and it is in the child's best interests for the relationship to be maintained.
If this hurdle is crossed, the application will be considered. Often, because of welfare issues, this will involve a report being made by a CAFCASS officer after visits with all concerned parties. If this is favourable, the parents may still not agree and this could lead to a full court hearing with both sides having to give evidence.
Welfare issues can also prove to be an obstacle for grandparents and, even if a decision is made in favour of them retaining contact, the parents of the child or children may still not agree and choose to ignore the court order. Enforcing contact with children is extremely difficult. If relations with the parents are strained, proper and early legal advice is essential in understanding the options open to you.
In addition to contact problems, grandparents may, for example, want to contest an adoption order being sought and ask the court to allow them to have their grandchildren living with them as opposed to a new, unrelated family.
Again, if the court felt the child's welfare would benefit by being brought up by family members, then it can grant leave to the grandparents to apply for a residence order for the child.
In all cases, it is important to present your case as fully prepared and supported as possible as a grandparent seeking leave-and a subsequent application if leave is granted - will not be given many bites of the cherry.
The courts consider that while the open door policy of the Children Act allows applications to be made, repeated applications by the same person may cause hardship to the child and the family as a whole, ultimately damaging the case. The court then has the power to direct that no further applications should be made by a named person without leave of the court.
The William & Patricia Venton Centre,
Junction Road,
Eastbourne. BN21 3QY
Telephone: [01323] 638474 Fax: [01323] 735513
Email:
info@ageconcerneastbourne.co.uk
