The Importance of Grandparents

Grandparents often play an important role in their grandchildren’s lives.  This role can sometimes be put in jeopardy when families separate.  Surprisingly, Grandparents Plus (a national charity championing grandparents and other extended family members) report that one million children are unable to see their grandparents because of family separation.  In addition they report that four in five teenagers say a grandparent is the most important person outside immediate family. 

There is little doubt that family separation can be a difficult time for children.  Often they will require support from extended family members (perhaps finding it difficult to discuss some aspects of the separation with their parents) to help guide them through the changes happening to their family.   

One in three families depend on grandparents for childcare (as reported by Grandparents Plus).  If children are already coming to terms with the separation of their parents, it is likely to be upsetting for them if their usual after school carer (for example – the level of care provided by grandparents varies greatly between families) is changed as well.  It is concerning to read the statistics about these important and rewarding relationships being lost during family separation.  

Many extended family members may not be aware that it is possible for them to apply to court for contact with their grandchildren should they find that contact is being refused or unreasonably restricted.  Grandparents do not have to accept that they are no longer able to see their grandchildren – there is something that can be done.

There could, however, be improvements in the law.  At present, a grandparent requires leave of the court in order to apply for a Contact Order.  Leave will usually be granted fairly easily in genuine cases but this requirement could be off-putting to grandparents (and other extended family members) who wish to apply for contact but do not wish to become involved in potentially complicated litigation or incur high legal costs.   In reality, the requirement of leave is unlikely to cause a problem but grandparents may not know this unless they have had the benefit of legal advice.

A Government Green Paper published in January 2010 (Support for All: the Families and Relationships Green Paper) looks at the law in this area and puts forward some proposals to improve extended family members’ positions.  One of the proposals is to remove the requirement for leave for grandparents.  There is also a proposal that information for grandparents be more readily available so that they know their position in law should they find themselves in this difficult situation. 

It is important for grandparents to maintain their relationships with their grandchildren.  Hopefully, clearer information about their position in law will help grandparents to resolve issues regarding contact, either through the court process or by agreement.