Justice Minister Lucy Frazer QC has agreed to review the rules relating to grandparents seeking access to their grandchildren after separation or divorce. Currently there is no legal presumption to such access, with the law requiring grandparents to apply to the family court to secure access rights and then request a child arrangement order to secure contact.
The same promise to review grandparents’ contact rights was made by the government in 2011, after the Family Justice Review was launched with a view to improving the family court. Grandparents in the UK had hoped that the outcome of the Review would support a change in the law. Instead, the Review’s final report recommended that legislation requiring grandparents to ask for leave to apply for contact should remain in place to prevent what it called hopeless or vexatious applications not in the interests of the child. (P.21).
Grandparents’ groups in the UK have been campaigning for over a decade to make the law and policy around post separation contact easier for grandchildren to see their grandparents. Nigel Huddleston MP will be meeting with the Minister to discuss how to change the law this month, though it’s not clear why the MP for Mid Worcestershire has come forward.
Lucy Frazer told The Express in December that she would be exploring ways to keep the grandparent-grandchild relationship alive after separation and divorce:
“Grandparents play an important role in the lives of their grandchildren, and I sympathise with those who experience the anguish of being prevented from seeing their grandchildren if a parental relationship ends.
“I am looking at what measures the Government could take to help more grandchildren maintain contact with grandparents following parental separation and will make an announcement about the Government’s plans in due course.”
Researching Reform 
They should give priority to grandparents’ rights for both contact with and care of their grandchildren if they have been taken into care !
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Yes they should. I know someone in just such a position, yet how often are the grandparents’ rights considered?
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As a non-contact grandmother who runs a support group in Worcestershire, and who has suffered the horrors of the court system (no exaggeration), I question how much of an issue vexatious applications really are in practice. It’s not clear to me whether this was the case in 2011, but there is currently no legal aid for grandparents in this position, and we have to finance ourselves. This lack of funding is a huge barrier to those who are less well-off, not to mention the immense strain such action puts upon older people, often vulnerable and in less than perfect heath, yet we feel so helpless to support our grandchildren who may also be suffering – one of the themes explored in last May’s Westminster Hall debate, which I attended. For humanitarian reasons, isn’t it high time for the system to undergo complete overhaul?
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They should also review the law on Parents getting to see their children when they have been put into long term foster care or SGO. in many cases the relationship between parents and carers can be none existent and even adversarial.this will then lead to parents being completely cut off due to lies being told to the parents and to the child by carers and Carers.
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that should read
Carers and Social workers.
the children are also very often denied an independent advocate by Social workers and team managers with an agenda
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So very true, an enormous problem that neefs to be addressed in these circumstances.
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Probably single country where this should be “regulated” rest of world somehow does it without idiotic interference of state who firstly prevented that most natural thing and then tries to regulate it.
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We’ve heard all this before. Nick Clegg (remember him?) made such promises whilst in the coalition Government. There seem plenty of good ideas mooted by individuals inside Parliament, but they founder every time with the lack of will to change the system by the majority. it’s the same old, same old. . . .
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A member of our local support group has asked me, would such legislation apply only to those grandchildren whose parents had actually split up? The wording of the article tends to suggest this, but I can think of a number of instances where the parents, married or not, are still together, but won’t let the grandparents see the children. Surely that would be discriminatory? Can anyone advise or clarify this point please?
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This article and this review relate to contact after separation and divorce, however the Minister may well offer non-legal options which could include mediation options for other grandparents.
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Everything that can be done to support, repair and facilitate stronger family bonds for children, should be done. Giving children the basic right to contact with their grandparents would be an important addition to their existing right to contact with both parents.
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having the right to contact doesnt mean you will get contact.
thousands of parents and extended family have been cut off via lies and obstruction.
children in care are like prisoners inside a prison, the public dont know what goes on inside and cant ask the inmates whats going on. its all controlled. just like the children in LA care.
Children are supposed to have the right to an independent advocate who can establish their wishes and feeling but this is being denied by the SS.
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Why stop at grandparents’ right to contact? What about siblings rights to contact?
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Children in care already have those rights to contact but they mean nothing if social workers and carers are telling lies such as “your child does not want to see you”.
this is the big issue of severed contact. its the Lies being told and the childs true wishes and feelings being kept secret. even Advocates are being denied access to children in care. this is unlawful but its going on while parents and children suffer due to no contact.
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Never mind grandparents, firstly they need to sort the problems of false allegations and legal aid. They should be more concerned keeping mum’s and dad’s in their children’s lives as a result grandparents will see their gran child
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Yes they should, and enforcement is a huge problem. As mentioned in an earlier post, I run a support group for non-contact grandparents, and some of these grandparents are cut out of their grandchildren’s lives because the fathers are. Many father live in fear, but the mothers have all the power. False allegations are devastating, but these seems to be routine in the unaccountable family courts – nobody warns you in advance of course, and I understand that if a woman makes allegations of abuse, she can get up to 5 years of legal aid with no onus on her to prove anything. This seems to be routinely used as a means of getting round the cuts in legal aid.
The mothers appear to be able to ignore court orders without consequences. While I agree that putting mothers in prison would be problematical, why could not stiff fines or community service orders be imposed? I’d compare this to the drink driving laws. Everyone knows that if you are caught drink driving you lose your licence for a minimum of a year I believe. This is a huge inconvenience, but tough, everyone knows the law, so you don’t do it. Otherwise the law is a sick joke, which nobody has respect for – and I’m afraid as I see it we’re at least half way down that slippery slope.
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Actually there has to be supporting 3rd party evidence for ANY accusation of DV, be it made by a male or a female, in order to get legal aid on those grounds. Futhermore since 2015 the police are required to wear body cams when they respond to any incidences of DV. Personally I am SICK of the misinformation being put out on pages like this by folks who see themselves are ‘the wronged ones’. Perhaps you’d like to make yourself familiar with the current situation here >> https://www.app.college.police.uk/domestic-abuse-index/
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Furthermore the stats support the position of female victims of DV… (lets face it how often do we hear of a man being killed by his female partner – not so often and certainly not at the rate of 2 a week)
From the Office of National Statistics …. “Women were far more likely to be killed by partners or ex-partners (50% of female victims aged 16 and over compared with 3% of male victims aged 16 and over), whereas men were more likely to be killed by friends or acquaintances (32% of male victims aged 16 and over compared with 10% of female victims aged 16 and over).”
https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/homicideinenglandandwales/yearendingmarch2017
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This comment above is directed at Penelope Young
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As I’m sure you realise, that’s not the point I’m making. I think you are mistaken when you say that there has to be evidence in order to get legal aid – everything I’ve heard indicates that there does not. The point about body cams is a complete irrelevance – I’m sure you’re not suggesting that violence only takes place when it is recorded. I’m afraid I don’t buy this feminist line that men are always to blame, and the women are always innocent. Oh, and when I went to school, it was considered polite to reply “to” someone not “at” them.
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You’ve heard? Good old hearsay….. of course… hearsay makes all things possible and ‘A Ok’. Exactly what we want in Family Court eh? When I went to school, I was taught how to think critically and to critically examine all arguments and consider all sources. Must have attended different schools.
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Polite reminder to our posters: please keep discussion focused and civil.
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This reply is directed to MeMe. Well, whatever else they taught you at your school, it doesn’t appear that they taught you politeness and respect! I could trawl through all the information I have on this subject in order to find the proof I need to make my point, but I’m not answerable to you and don’t see why I should dance to your tune. If you had experience of the family courts you would know that they are very far from being the bastions of fairness and objectivity that you seem to assume they are. You will learn, but by all means have the last word if it makes you happy!
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It’s also authorities that stop contact, even though they know that you have no criminal record, never had children removed and have always shown to be doing the best for your grandchildren!
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Yes this is true.
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I started court proceedings march 1st 2023 to see my grandsons they were a big part of my life.
Im at court this Friday it is my last chance to convince the judge to allow me contact with my grandsons.
My daughter has just lied about everything.
Any body able to give advice
Sharon
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Hi, thank you for your post, this is Natasha, I’m the site’s manager. It might be difficult to get helpful advice at this stage with the hearing being so close. If you’re unrepresented you could try City Law School’s legal advice centre: https://www.city.ac.uk/about/facilities/specialist-facilities/city-community-legal-advice-centre
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