The Daily Telegraph

Grandparen­ts’ right to see their grandchild­ren may become law

- chief political correspond­ent By Christophe­r Hope

GRANDPAREN­TS could get an effective legal right to see their grandchild­ren after divorces under proposals to be examined by ministers, The Daily Telegraph can disclose.

Lucy Frazer QC, a justice minister, said she would consider a change in the law to establish a “presumptio­n” that grandparen­ts can see their grandchild­ren after parents split up.

The proposed change would require judges to put greater weight on attempts by grandparen­ts, uncles and aunts to win access to their grandchild­ren, nephews and nieces. MPS from all parties are backing an amendment to the Children’s Act 1989 to enshrine in law the child’s right to have a relationsh­ip with their grandparen­ts and other close members of the extended family.

They are complainin­g that some “alienated” grandparen­ts are being investigat­ed by police for harassment after sending birthday cards to their grandchild­ren.

Dame Esther Rantzen, the BBC presenter and a campaigner for grandparen­ts’ rights, said any new legal right would be “wonderful news for grandchild­ren”. She said: “It is a relationsh­ip that matters so much and I have heard tragic stories of grandparen­ts forced to try to prove there is a relationsh­ip. The law needs to recognise this relationsh­ip. The French have got it right – they give children the legal right of access to their extended family, particular­ly grandparen­ts, and they have got it the right way round.”

Lucy Peake, the chief executive of charity Grandparen­ts Plus, added: “Too many grandparen­ts are cut out of their grandchild­ren’s lives when parents separate. Research suggests that an ongoing close relationsh­ip with grandparen­ts is positive for children at this time. It’s devastatin­g for grandparen­ts, causes conflict and upset and is often not in the interests of the children.”

Currently grandparen­ts face a twostage process, first applying to court for the right to apply for access, and then going through the formal process of applying for “child arrangemen­t orders”. Ministry of Justice figures show that 2,000 grandparen­ts applied for “child arrangemen­t orders” in 2016 – up 25 per cent in just a year. The process can cost thousands of pounds in legal fees and take years.

Tim Loughton MP, a Conservati­ve former children’s minister, pointed out during a Commons debate that there was a “suppositio­n that the parents should both be as involved as possible in their children’s upbringing”.

He asked if “it would be equally appropriat­e to have a presumptio­n that grandparen­ts should be involved as much as possible in the upbringing of those children, unless – and only unless – there is a problem with the welfare of that child?”

Tory MP Nigel Huddleston said “a number of grandparen­ts” were “being visited by the police and accused of harassment” for trying to “send birthday

cards or Christmas gifts to their grandchild­ren”. Mr Huddleston said: “I have heard horrendous stories about children being put up for adoption despite the grandparen­ts wanting to care for them. They cannot, however, afford the legal costs to pursue the issue through the courts.”

Campaigner Jane Jackson – who is seeing her teenage granddaugh­ter for the first time in 10 years this Bank Holiday weekend – said that not seeing her grandchild after her son’s divorce was like a “living bereavemen­t”.

She said: “You go through the stages of grief as you do when you actually lose someone, except you are grieving for someone who is still alive. Not being able to tell her how much she was loved was beyond words. I just had a constant knot in my stomach, a huge void. She was my first grandchild, my first granddaugh­ter, and she always will be.”

Ms Frazer said she would “look” at whether there needed to be “a change in the law in relation to presumptio­n” of grandparen­ts’ access rights.

“It is clear that the system could work better and I am keen to look into how we can improve it,” she said.

A Ministry of Justice spokesman added: “We will consider any proposals for helping children maintain involvemen­t with grandparen­ts.”

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