Children and Families Bill
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.
Grandparents that have been bringing up their grandchildren in the place of parents are in line for payouts of millions of pounds in extra support. This breakthough is the result of a pensioner who recently 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.
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. This is bad enough; but it is bordering on the heartless when grandparents risk arrest for sending a card or a present to a beloved grandchild on his or her birthday or at Christmas.
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 with whom the child is living objects to the continued 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 that 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. The Queen’s Speech foreshadowed a new Children and Families Bill, but the detailed legislation has yet to appear. When it does, it should address this particular injustice.
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If you have a family matter and are unsure if you can obtain legal aid please contact one of our family team at our Bury office on: 0161 359 3880 or e mail Emma Cordock at firstname.lastname@example.org
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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.
Have you had a visit or letter from Children’s Services? If so, the first thing to remember is do not panic.
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.
Content courtesy of Emma Cordock – family law solicitor at AFG LAW, Bury.
Legal Aid from the 1st April 2013 has been withdrawn in some family cases as defined by the LASPO Act.
An online petition has now been set up to restore the availability of legal aid to those in Private Family Law matters, including fighting for access to children, injunctions and divorce to restore a fair opportunity for those to get justice not based on their ability to pay.