GRANDPARENTS’ RIGHTS TOWARDS THEIR GRANDCHILDREN
Do grandparents have rights? Do their grandchildren?
What if grandparents are excluded from a close relationship with their grandchild?
If you are such a grandparent you should take legal advice. There may be several choices available to you.
In any court proceedings affecting a child, the most important thing a court will consider is what is in the child’s best interests. To do this the court will consider a number of things. These include:
A the wishes and feelings of the child, considered in the light of his/her age and understanding. The older the child, the more weight that may be given to the child’s views;
B the child’s physical, emotional and educational needs;
C the likely effect on the child of any change in his/her circumstances. Stability and security for a child are important;
D the child’s age, sex, background and any characteristics the court considers relevant;
E any harm or risk of harm to the child;
F how capable each of the child’s parents and any other relevant persons, for example, grandparents, are of meeting the child’s needs;
G the range of powers available to the court , with the understanding there is a duty not to make an order if one is not needed.
If Social Services are involved, they may encourage you to take court action rather than them doing so.
You could ask for the court’s permission to apply for an order that your grandchild live with you (a residence order) or, if appropriate, that the arrangements for your grandchild to see you are clarified (a contact order). The court can make orders if there are specific issues e.g. schooling or medical treatment that need to be decided, and it can order people not to do certain things, for example, remove a child from someone’s care (a prohibited steps order).
There is also the possibility of applying for a special guardianship order. This is more than a residence order, more than fostering, but not as final as adopting a child.
If you have a residence order, you have the right to make major decisions for the benefit of your grandchild, as the order gives you parental responsibility. However the child’s parent(s) still have any parental responsibility that they previously had for the child. This implies that you would need their agreement to major decisions for example, medical treatment or schooling. If you are appointed a special guardian you only have to consult with the birth parent(s) in exceptional circumstances.
Financial and other support may be available for the special guardian, the child and birth parents.
Although proceedings about children are in private and informal, they can be complicated. At Maxwell Hodge we can help with representation at court hearings in addition to advice and help as you go through these times.
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