Justice of the Peace and Local Government Law, 11.11.95, 1995, pp.753-754.
Publisher:
Justice of the Peace Ltd
Looks at case law which identifies the extent to which the rights of grandparents to apply for access orders under the Domestic Proceedings and Magistrates' Courts Act 1978 have been watered down by subsequent legislation.
Looks at case law which identifies the extent to which the rights of grandparents to apply for access orders under the Domestic Proceedings and Magistrates' Courts Act 1978 have been watered down by subsequent legislation.
Criminal Law and Justice Weekly, 27.2.10, 2010, pp.135-136.
Publisher:
LexisNexis Butterworths
Place of publication:
London
Grandparent rights of access to their grandchildren after parental separation or divorce is discussed from a legal perspective. Specific cases are cited.
Grandparent rights of access to their grandchildren after parental separation or divorce is discussed from a legal perspective. Specific cases are cited.
Provides information for, and outlines the legal rights of, grandparents who are facing problems of access to their grandchildren during times of changing family relationships.
Provides information for, and outlines the legal rights of, grandparents who are facing problems of access to their grandchildren during times of changing family relationships.
Journal of Social Welfare and Family Law, 42(2), 2020, pp.176-203.
Publisher:
Taylor and Francis
Place of publication:
Philadelphia, USA
... in their children’s lives furthers children’s welfare. Proponents of grandparent rights argued that there should be a similar statutory presumption in favour of grandparent involvement. It is also argued that courts should strictly enforce child arrangement orders that give grandparents time with grandchildren. The article examines the welfare case for such involvement and concludes that there is no unequivocal evidence to support it. It also considers the effect of the presumption in s1(2A). The article concludes that to enact a similar presumption in favour of grandparents, to apply a de facto presumption, to enforce orders strictly and even to remove the leave requirement that currently exists, could prejudice the interests of mothers as well as children.
(Publisher abstract)
This article reviews the debate about the enhancement of grandparents’ legal status in relation to their grandchildren. In particular, it observes that calls for a legal presumption in favour of grandparent contact with their grandchildren when family relationships break down were emboldened by the enactment in s1(2A) of the Children Act 1989 of a presumption that involvement of both parents in their children’s lives furthers children’s welfare. Proponents of grandparent rights argued that there should be a similar statutory presumption in favour of grandparent involvement. It is also argued that courts should strictly enforce child arrangement orders that give grandparents time with grandchildren. The article examines the welfare case for such involvement and concludes that there is no unequivocal evidence to support it. It also considers the effect of the presumption in s1(2A). The article concludes that to enact a similar presumption in favour of grandparents, to apply a de facto presumption, to enforce orders strictly and even to remove the leave requirement that currently exists, could prejudice the interests of mothers as well as children.
(Publisher abstract)
Subject terms:
grandparents, childrens rights, court orders, contact, Family Courts;
Grandparents who provide kinship care, or who lose contact with their grandchildren, do so at considerable cost to their health and relationships. This is the conclusion of a study undertaken by the South Bank University for the Grandparents’ Association. A total of 193 online survey responses were received; 61% were from members of the Association and overall 89% of respondents were female. health and self esteem. Available support and services were valued although not always available at the point or time of need. Grandparents wanted more support and recognition of their services.
Grandparents who provide kinship care, or who lose contact with their grandchildren, do so at considerable cost to their health and relationships. This is the conclusion of a study undertaken by the South Bank University for the Grandparents’ Association. A total of 193 online survey responses were received; 61% were from members of the Association and overall 89% of respondents were female. There was a clear bias towards caring for the child of a daughter rather than of a son. Of those responding, 72 described themselves as kinship carers, 91 as denied contact and 25 as providing significant child care. Underlying caring motives was a strong sense of duty. Generally family and friend relationships had worsened since their situation changed. Negative impacts were also financial and on the grandparents’ mental and general health. Relationships with daughters or daughter’s in law came under most pressure. However relationships with grandchildren usually improved and flourished. Reason for denial of contact included family feuds, separation and divorce of birth parents. In 90% of cases there was no court order denying contact. Denial of access had particular impact on sleep patterns, mental health and self esteem. Available support and services were valued although not always available at the point or time of need. Grandparents wanted more support and recognition of their services.
Subject terms:
kinship care, parent-child relations, contact, family relations, grandparents;
Great Britain. Parliament. House of Commons Library
Publication year:
2020
Pagination:
16
Place of publication:
London
A briefing paper covering the arrangements for grandparents applying for a child arrangements order for contact or residence with a grandchild. The briefing focuses on England and Wales. An overview of the arrangements for Scotland are also included.
(Edited publisher abstract)
A briefing paper covering the arrangements for grandparents applying for a child arrangements order for contact or residence with a grandchild. The briefing focuses on England and Wales. An overview of the arrangements for Scotland are also included.
(Edited publisher abstract)
Subject terms:
family law, older people, grandparents, court orders, contact, child custody, government policy;
Social Service Review, 81(2), June 2007, pp.229-243.
Publisher:
University of Chicago Press
This article explores changes in state laws in the United States that allow a grandparent to petition a court for visits with a grandchild, permitting a court to order visits over the objection of a fit parent. Such changes are altering the century-old rule that fit parents have a right to control the upbringing of their children. The changes allow the state to intervene in family life when intervention is in a child's best interest, and the state does not have to prove a parent unfit in order to make such an intervention. Also, this article briefly considers court decisions that allow a nonrelative to petition for visitation and custody. It concludes by examining the implications of these decisions for the meaning of family and for social policy.
This article explores changes in state laws in the United States that allow a grandparent to petition a court for visits with a grandchild, permitting a court to order visits over the objection of a fit parent. Such changes are altering the century-old rule that fit parents have a right to control the upbringing of their children. The changes allow the state to intervene in family life when intervention is in a child's best interest, and the state does not have to prove a parent unfit in order to make such an intervention. Also, this article briefly considers court decisions that allow a nonrelative to petition for visitation and custody. It concludes by examining the implications of these decisions for the meaning of family and for social policy.
Subject terms:
parental rights, rights, contact, decision making, Family Courts, family law, grandparents;
Child and Family Law Quarterly, 19(1), 2007, pp.17-41.
Publisher:
Jordan Publishing
Grandparents' pressure groups have been campaigning for enhanced legal rights in relation to grandchildren. This article examines those campaigns and their outcomes in the context of contact disputes with parents. Although the groups have not achieved their objective of legislative change, it is suggested that they have made gains in other ways, aided, to some extent by father’s rights groups.
Grandparents' pressure groups have been campaigning for enhanced legal rights in relation to grandchildren. This article examines those campaigns and their outcomes in the context of contact disputes with parents. Although the groups have not achieved their objective of legislative change, it is suggested that they have made gains in other ways, aided, to some extent by father’s rights groups. Finally, the article suggests that the new emphasis on the grandparent/grandchild relationship may prove detrimental for resident parents, usually mothers.
Subject terms:
interest groups, rights, children, contact, family law, family relations, grandparents;
Child and Family Social Work, 9(3), August 2004, pp.295-303.
Publisher:
Wiley
... result in the breakdown of cohabitation or the termination of the relationship. This pattern of increasing relationship breakdown over time is related to decreasing paternal contact with children in both America and Britain. Often conflictual relationships with teenage mothers or maternal grandparents and a lack of financial resources are cited by young fathers as barriers to their continued fathers are. There is also some indication that a sizeable minority of young men may receive no such support from their family and may also be treated with hostility or ignored by the maternal grandparents. Young fathers also report limited or no contact with midwives, health visitors and social workers.
From the research available in America and Britain it would appear that the men who father children by teenage mothers tend to be a few years older than their teenage partners, although a minority may be significantly older. With regard to the factors associated with fatherhood there are striking similarities to the literature on teenage mothers. Like teenage mothers young fathers tend to be from low socio-economic backgrounds, experience lower educational attainment and fewer employment opportunities than their childless peers. Similarly they tend to experience greater psychological and emotional difficulties and may have a history of delinquent behaviour. These young fathers are involved in a variety of relationships with teenage mothers, few of which result in marriage and many of which result in the breakdown of cohabitation or the termination of the relationship. This pattern of increasing relationship breakdown over time is related to decreasing paternal contact with children in both America and Britain. Often conflictual relationships with teenage mothers or maternal grandparents and a lack of financial resources are cited by young fathers as barriers to their continued involvement and contact with their children. However, the mothers are much more likely to cite paternal disinterest as the reason for a lack of paternal involvement and there is some indication that mothers and fathers have different views on the level of practical involvement expected from fathers. While most of quantitative data on the subject provides a rather negative picture of paternal involvement, qualitative research highlights how many young fathers genuinely want to be involved with their children and would have more contact and input if they could. While much less is known about the support provided to young fathers in comparison with their female counterparts, there is some suggestion that the support and role expectations provided by the paternal grandmother may influence how involved young fathers are. There is also some indication that a sizeable minority of young men may receive no such support from their family and may also be treated with hostility or ignored by the maternal grandparents. Young fathers also report limited or no contact with midwives, health visitors and social workers.
Subject terms:
literature reviews, single parent families, children, contact, fathers, grandparents;
Grandparents wishing to apply for orders for contact or residence in respect of grandchildren must overcome the initial hurdle of obtaining leave to make their applications. Looks at a series of court decisions which demonstrate the breadth of potential opposition grandparents may face.
Grandparents wishing to apply for orders for contact or residence in respect of grandchildren must overcome the initial hurdle of obtaining leave to make their applications. Looks at a series of court decisions which demonstrate the breadth of potential opposition grandparents may face.
Subject terms:
law, law courts, legal proceedings, looked after children, children, contact, grandparents;