Categories
News

Grandparents and Their Grandchildren – International Grandparent’s Day

The bond between grandparents and their grandchildren can be a very special, unique relationship that cannot be replicated, with two different generations coming together and learning from one another.

For children, grandparents can play a huge part in their development and growth, providing a sense of security, stability and emotional support. For grandparents, these relationships can offer a sense of purpose and emotional fulfilment as they act as role models and a guiding influence.

On National Grandparent’s Day, AFG LAW explores the importance of this special relationship and the benefits it can bring on both sides.

A link to family history

Children, particularly younger ones, can often struggle to view their parents as anything other than “Mum and Dad”. After all, that’s is all they have ever known them as.

Grandparents can provide a valuable link to the past, informing their grandchildren about what their parents were like when they were young, their hobbies, shared similarities in personality and mannerisms and of course, countless funny and embarrassing stories!

In many cases, this can strengthen the bond between children and their parents, as they begin to understand that Mum and Dad really were once just like them, with the same struggles and challenges, along with hopes and dreams.

In addition, this can provide children with a sense of belonging which helps them build self-identity, connections and certainty of their valuable place in the family.

Providing stability

Sadly, in our modern world, separation and divorce is a common occurrence. This can be an unsettling time for all parties, particularly the children involved. Suddenly children may find they have two homes, a different school in a new area, a new schedule and often the introduction of parent’s new partners and their children.

When grandparental relationships remain harmonious, they can provide stability, support, nurture and continuity to children in what can be a period of great change and uncertainty.

It’s true that most children will quickly bounce back from a parental separation – and a firm bond with their grandparents from both sides will certainly help with this.

Shared learning

Ask most adults about something they learnt from their grandparents and they are likely to reel off activities including learning to knit, making a Christmas cake, cleaning a car … and many other similar things.

Grandparents are a great source of wisdom to children. Often with many years life experience, they have the time and freedom to be great teachers, and can provide life skills including gardening, cooking, shopping, visiting friends and more. As many grandparents are retired, they have the time to teach these things, rather than rushing through them as many working parents are forced to do.

However. This teaching is not one way. Grandchildren can also play a key role in keeping their grandparents up to date in a fast paced modern world. This can include keeping abreast with current events and trends, the latest movies and music – and of course, modern communications and technology. This in itself can be beneficial, giving the older generation the means to stay in touch with their friends and family, wherever they are in the world.

Undivided time and attention

Let’s face it. The modern world is a busy one and in most families, both parents work, often full time and long hours. Throw in to the mix school, clubs and activities – and life can be very hectic with little opportunity to really slow down.

As grandparents are often retired, the time restraints and pressures become less. Children of all ages need lots of time and attention to thrive and time with grandparents can be the perfect opportunity for this. Children will often enjoy the slower pace at a parents, with more calm and less rushing – and this can give them the sense of a safe space to open up as grandparents take the time to listen, nurture and advise. Grandparents can also bring an extra layer of enthusiasm during this time, helping children to learn and grow.

A sounding board

Child/parent relationships can sometimes be a challenge, especially during the teenage years. Parents can experience frustration, whereas children may feel that no one understands them and the world is against them.

A step removed, grandparents can act as a positive intermediary during difficult times, offering a listening ear and a different view point. Afterall, a grandparent can listen and offer wisdom without much of the baggage that comes with parenthood.

It’s important to note that grandparents should be aware of boundaries in these situations, never overstepping the mark or undermining parents – but if they strike the balance right, they can help ensure that harmony is restored.

AFG LAW are leading experts in Grandparental Rights and are on hand to support those who may need help in access rights to their grandchildren. Here at AFG, we can assist by offering you a free consultation, in which a solicitor from our family department will contact you to discuss your situation and options available to you.

We are here to help you and your family so get in touch with one of our team for an initial chat.

Get in touch

Please contact us on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.

AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.

It’s our mission to offer outstanding legal services, utilising our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.

Categories
Grandparents Rights News

Do you want access to your beloved grandchildren?

The types of orders that may be available to you

Grandparents are more often than not closely involved in the lives of their grandchildren and play a huge part in their development and growth.

This can be a very special, unique relationship that cannot be replicated, with two different generations coming together and learning from each other.

Sadly, Grandparental relationships are not always straightforward. Time and time again we hear about grandparents denied access to their grandchildren – particularly after marital breakdown.

According to a recent survey by Grandparents United for Children over 4 million Grandparents and their Grandchildren are experiencing this.

Longstanding relationships unexpectedly and abruptly ending can have a profound and distressing effect on children and grandparents alike, so much so they are sometimes termed a “living bereavement”. So, if you find yourself in this situation – what options are available to you?

Although, grandparents do not have an automatic right of care nor access to their grandchildren, they do have legal options available to them in accordance with the Children Act 1989 (CA 1989), it is possible to gain full time care and or access through the courts with the appropriate advice from a family law Solicitor.

Jamie Chadwick, Graduate Paralegal at AFG, explains the types of orders that may be available to Grandparents within court proceedings.

Grandparents do not have an automatic legal right to see their grandchildren. However, they can try and get access through an informal arrangement with the child’s parents/carers or through a court order.

At AFG, we understand how important it is to gain access to your beloved grandchildren.

Mediation

Mediation is the first initial option. An independent family mediator can help families reach an agreement. The mediator will organise a ‘mediation information and assessment meeting’ (MIAM). The following link may be useful to you Find your local mediator – Family Mediation Council

Applying for a Child Arrangements Order

Where arrangement cannot be reached informally, the grandparent can seek to apply for a child arrangements order to agree access. A grandparent usually first requires the permission of the court before they can apply for a child arrangements order. They are not automatically entitled to apply for one unless an exception applies. This includes, for example, if the child has lived with them for a period of at least a year prior to the application (Children Act 1989, sections 10(5) and 10(5B)).

Court Considerations

When a court considers an application for leave to apply for a child arrangements order, the child’s welfare is not its main consideration. Instead, the court look at a range of factors, including:

  • The nature of the proposed application.
  • The applicant’s connection with the child.
  • Any risk of the proposed application disrupting the child’s life to the extent that they would be harmed by it. If leave is granted, then a child arrangements order can be applied for.

Grandparents are encouraged to explore mediation as a way of resolving disputes before court proceedings are commenced. Mediation takes place in a neutral setting and allows you to have open communication as a family with someone neutral known as the mediator to try and help you to reach an agreement. If, however, mediation is unsuccessful, grandparents can proceed with their application for the court to make the following orders.

The courts will always take into account the best interests of the child. However, there is no presumption that a child having contact with their grandparent is in the child’s best interest. Therefore, the reason for the application before the courts must be clearly explained and justified.

The courts will consider the nature of the application being made, the grandparent’s connection with the child and any risk that the application will disrupt the child’s life to such an extent as to cause the child harm. Children under a special guardianship order can maintain contact with their birth family. Under a SGO the natural parents are still legally the child’s parents, but their parental responsibility is limited.

To conclude, the court understands the importance of grandparents within a child’s life, the main focus is to ensure the child’s welfare and best interests are safeguarded. With the correct legal guidance of our solicitors, it allows grandparents to maintain significant meaningful relationships with their grandchildren.

For More Information

You can find more information about special guardianship orders on our website: Special Guardianship Orders – Family – Services – AFG LAW

If you find that you are experiencing this, please do not hesitate to contact AFG Law. Here at AFG, we can assist by offering you a free consultation, in which a solicitor from our family department will contact you to discuss your situation and options as to whether there is merit in making an application to the court for a special guardianship order to determine which school your child should go to.

We are here to help you and your family so get in touch with one of our team for an initial chat.

CONTACT INFORMATION

Please contact us on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.

AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.

It’s our mission to offer outstanding legal services, utilising our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.

Categories
News

Care for / want access to your grandchildren?

Do you care for / want access to your grandchildren? – The types of orders that may be available to you.

Grandparents are often closely involved in the lives of their grandchildren, playing a huge part in their development and growth. Subsequently, they are often the first point of call when the parents are struggling to care for the children themselves. You may find yourself in a situation where you become the child’s full-time carer.

Grandparents do not have an automatic right of care nor access to their grandchildren. They do, however, have legal options available to them in accordance with the Children Act 1989 (CA 1989). It is possible to gain full time care or access through the courts with the appropriate advice from a Solicitor.

Jamie Chadwick, Graduate Paralegal in the Family team at AFG LAW, explains the types of orders that may be available to Grandparents within court proceedings.

As a leading law firm which specialises in Public and Private Children Matters, AFG Law, with offices in Bolton, Bury and our newly opened Stockport office have helped many families with the practical steps that can be put in place to support carers other than parents when dealing with this specific issue.

Grandparents are the most common carers other than a parent. However, they do not automatically have parental responsibility for the child that you are caring for. Parental responsibility is the legal rights, responsibilities and authority in relation to the child which can include protecting and looking after the child, providing a home for the child and making important decisions about the child’s life

First, it is important to establish who has parental responsibility:

•            Mothers of the child(ren) have automatic parental responsibility.

A father will have parental responsibility if:

  • He is married to the mother.
  • He is named on the birth certificate.
  • If he has an order from the court granting parental responsibility.
  • Or if he has a written agreement with the mother granting parental responsibility.
  • Civil partners will both have parental responsibility if they were married at the time of their treatment. E.g. fertility treatment.
  • For same sex partners who are not civil partners you can obtain parental responsibility by either entering into a parental responsibility agreement or by applying to the court for a parental responsibility order.

The first step

Grandparents are encouraged to explore mediation as a way of resolving disputes before court proceedings are commenced. Mediation takes place in a neutral setting. It allows you to have open communication as a family with someone neutral known as the mediator to try and help you to reach an agreement. If, however, mediation is unsuccessful, grandparents can proceed with their application for the court to make the following orders.

Types of orders

There are two main types of orders one might apply to the court to obtain parental responsibility. These are a Special Guardianship Order (SGO) and Section 8 Orders under the Children’s Act 1989.

Special Guardianship Order

A special guardianship order is a family law order made by the courts and was introduced by the Adoption and Children Act 2002.

Under the order, the person or people named on the special guardianship order will become the child’s special guardian. Obtaining a special guardianship, means you will obtain parental responsibility for the child until they are 18 years old. The child will live with their special guardian permanently and the order permits the special guardian to make important decisions about the child’s life. Any pre-existing Care Order on a child is automatically ended when a Special Guardianship Order is made.

However, a special guardianship order does mean that the child’s parents will still need to be informed for some very important decisions. An example would be if they wish to remove the child from the country for over three months or change their surname.

Section 8 Orders

Section 8 orders relate to regulating arrangements in respect of with whom a child may live with and or spend time with. There are three different types of section 8 orders under the Children’s Act 1989 that may be available depending on your situation, these are:

  • Child arrangements orders (CAO) – which enables the courts to make decisions on when and with whom a child will live, spend time or otherwise have contact with.
  • Prohibited steps orders (PSO) – where the court is able to restrict certain actions from being taken by a person with parental responsibility in respect of a child by failing to gain permission from the courts first.
  • Specific issue order (SIO) – which allows the court to issue an order in relation to a specific matter / decision in respect of a child.

The courts will always take into account the best interests of the child. However, there is no presumption that a child having contact with their grandparent is in the child’s best interest therefore, the reason for the application before the courts must be clearly explained and justified.

The courts will consider the nature of the application being made, the grandparent’s connection with the child and any risk that the application will disrupt the child’s life to such an extent as to cause the child harm. Children under a special guardianship order can maintain contact with their birth family. Under a SGO the natural parents are still legally the child’s parents, but their parental responsibility is limited.

To conclude the special guardianship orders and the section 8 orders understands the importance of grandparents within a child’s life. The main focus is to ensure the child’s welfare and best interests are safeguarded. With the correct legal guidance of our solicitors, it allows grandparents to maintain significant meaningful relationships with their grandchildren.

Find out more

You can find more information about special guardianship orders on our website: Special Guardianship Orders – Family – Services – AFG LAW

If you find that you are experiencing this, please do not hesitate to contact AFG Law. Here at AFG, we can assist by offering you a free consultation. Here, a solicitor from our family department will contact you to discuss your situation and options as to whether there is merit in making an application to the court for a special guardianship order to determine which school your child should go to.

We are here to help you and your family. Get in touch with one of our team for an initial chat.

Get in touch

Please contact is on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.

AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond, with offices in Bolton, Bury and Stockport. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.

It’s our mission to offer outstanding legal services. We utilise our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.

Categories
News

Calling All Grandparents

In February 2013 The Children and Families Bill was presented in the House of Commons and has had two readings to date. The element of most interest to Grandparents with contact issues is the Child Arrangement Orders.

Continue reading “Calling All Grandparents”
Categories
Grandparents Rights Private Family Law

Carer grandparents in line for payouts after a legal breakthrough

Grandparents that have been bringing up their grandchildren are in line for payouts of millions in extra support. This breakthrough is the result of a pensioner who won the right to be treated as her grandson’s foster mother.

The 68-year-old woman from Derbyshire, who has been looking after the 13-year-old since he was a baby and earlier cared for another grandchild, launched a High Court after learning that she would be receiving almost twice as much financial support if she was a stranger.

Continue reading “Carer grandparents in line for payouts after a legal breakthrough”
Categories
Grandparents Rights Private Family Law

Rights for grandparents when parental relationships collapse

In the difficult circumstances of a family break-up, grandparents are often the forgotten victims of separation.

In cases of parents separating or divorcing, despite grandparents having built close emotional bonds with their grandchildren, they unfortunately have no automatic rights to remain in contact with them after the separation. It’s bordering on heartless when grandparents risk arrest for sending a card or present to a beloved grandchild at Christmas.

Consequences of The Protection from Harassment Act

It appears that the Protection from Harassment Act, which was introduced to prevent stalkers targeting vulnerable women, is being deployed against grandparents who seek to keep simply the most passing contact with their grandchildren. According to campaigners, grandparents risk arrest for sending cards if the parent the child is living objects to contact. “This is not a small issue,” explains Jane Jackson, of the Bristol Grandparents Support Group. “It is something that desperately needs looking into. It is leaving loving grandparents frightened and suicidal.”

This is clearly a difficult and emotive issue – and it is one that was partially addressed in the Government’s Family Justice Review, conducted by David Norgrove and published last year. It called for measures to ensure grandparents have a greater chance of retaining contact with their grandchildren by emphasising the value of their access in parenting agreements. However, divorces and separations are often so acrimonious that the prospect of reasoned discussion about future access can be remote. T

For more information click here

If you have a family matter, contact one of our family team on: 0161 359 3880 or familysolicitor@afglaw.co.uk.

Like AFG LAW on Facebook

For more information about AFG LAW please click here.

Categories
Private Family Law

What do you know about Grandparents Rights?

Courtesy of Emma Cordock – family law solicitor at AFG LAW, Bury

I have worked in family law for 10 years now. During my training, through qualification as a Legal Executive to becoming a solicitor I have seen the role of grandparents in the care of their grandchildren increase.

They are not only a support to their grandchildren in providing practical and emotional support, grandparents are now becoming care givers for their grandchildren either for a short period or full time.


The number of grandparents who are now the primary carers of their grandchildren has increased

Continue reading “What do you know about Grandparents Rights?”
Categories
Childrens Services

Childrens Services

Have you had a visit or letter from Children’s Services? If so, the first thing to remember is do not panic.

Why have I been visited by Children’s Services? Why did I receive a letter from them?

Local authorities such as Bury, Rochdale, Bolton and Manchester have a duty to all children within their relative catchment areas. If a referral is made, or they have reason to believe that a child is not being looked after properly, then they have a duty to investigate.

Continue reading “Childrens Services”