One of the big changes in the Children Act 1989 was to place much greater
emphasis on the role of grandparents and the wider family in the lives of
children. Many children are looked after by grandparents in the daytime while
their mother is out of work, or long-term because the mother cannot look after
them herself. If things go wrong, there is no doubt that Social Services will
look first to the wider family before making alternative plans for foster care,
but what happens if parents and grandparents fall out? Do grandparents have
rights of their own?
Not much, say the courts, so far. Under the Children Act, any person
concerned about a child can apply to a court for an order about a child's
welfare : but only the parents can apply as of right; any other person must go
through a preliminary step, to apply for leave from the court to make an
application. Even then the courts have indicated that in a dispute between
parents and other relatives, there is no presumption that contact is in a
child's best interests, and the views of the parents will normally prevail.
For the many grandparents looking after children because the parents cannot
cope, there are numerous options. A 'Residence Order' may be the necessary first
step.
Adoption may be going too far but a 'Special Guardianship Order' provides
almost the same security as adoption. There are many side issues and this needs
the approval of both Social Services and the Court.
'Kinship Care' is increasingly common and poorly supported by Local
Authorities but there is a wide range of support available if you push for it.
For more information, contact the Grandparents Federation Helpline 01279
444964