Grandparents: Legal Rights

Lord Farmer Excerpts

Thursday 10th May 2018 Lords Chamber

Asked by

[Lord Farmer]

To ask Her Majesty’s Government what plans they have to ensure grandparents have a more effective legal right to see their grandchildren after the parents’ divorce.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, in the first instance, it is for parents to decide what is in the best interests of their children. The Government recognise the important role that grandparents may play in children’s lives and the stability they can provide in families when parents separate. We are keeping the matter under review.

[Lord Farmer (Con)]

My Lords, I thank the Minister for his reply. The requirement for grandparents to apply for child arrangement orders is cumbersome, expensive and needs reforming. However, when grandparents need to go to court to maintain contact with their grandchildren, they typically have a relationship problem with one or both parents, rather than a legal problem. In Australia, where there is disharmony following divorce and separation, extended family members can access family relationship centres. Do the Government have plans to ensure that there is similar community-based help—sited, perhaps, in the family hubs slowly emerging across the country?

[Lord Keen of Elie]

My Lords, the requirement for non-parents first to seek leave of the court in order to apply for a child arrangement order is regarded as an important filter mechanism, and was the subject of review by an independent panel in 2011 which came to the same conclusion. With regard to means of alternative dispute resolution, we are of course anxious to see mediation employed in the situation to which the noble Lord refers. He may recollect that at a recent Westminster Hall debate, on 2 May, my honourable friend the Parliamentary Under-Secretary of State in the Ministry of Justice indicated that she was carefully considering the current position and provision. In doing so, we will of course be happy to look at international experience.