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Grandparents and Post-Divorce Contact with Grandchildren

By: Carey James

Yvette Rooke, a partner at law firm Trethowans, discusses the sometimes forgotten party throughout divorce proceedings...
"Grandparents are the 'rock' in several families, providing support and childcare for his or her grandchildren, notably in situations where both folks are working.
The consequences of a divorce or separation upon grandparents can be profound: it is sadly often the case that one "facet" of the family loses contact with the grandchildren or is subtly excluded from having the identical level of meaningful contact with them. If the oldsters themselves engage in an acrimonious struggle over residence and contact issues, one or both sets of grandparents could feel that they're being dragged into a war zone - just at the very time when a steady and calm approach is most needed.
At present, grandparents who would like the help of the courts to use for residence or contact orders have to induce over an initial hurdle that does not apply to oldsters: the hurdle is that they have to 1st get leave of the court to even bring their application. This adds another layer of court hearings and prices to the present kind of case.
The Labour Government appears to recognise the precious contribution made by grandparents and have announced that they intend (presumably if they win the following election) to try to to away with the necessity for them to use for leave. Any, there seems to be a suggestion that those grandparents who effectively foster their grandchildren can be treated the same as formal foster oldsters, which should mean acceptable vetting and funding by the native authority.
Jack Straw has conjointly announced that if re-elected, Labour could bring in legislation or apply directions which would need couples to attend mediation before bringing a divorce or kids matter before the courts. Obviously, mediation does not apply in cases of emergency or where there are serious kid welfare issues, however at gift, mediation is not compulsory.
Couples who feel able to speak and come up with their own solutions already attend mediation or choose the collaborative law method (a talking methodology of resolving difficulties): making mediation compulsory may be a means to encourage a lot of of the identical, but it will not suit each case. In very acrimonious things, for instance where there's domestic violence or serious kid welfare allegations, mediation wouldn't work."

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