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Ministers considering boost to grandparents’ legal rights following divorce

2 min read

Ministers are looking into giving grandparents an effective legal right to see their grandchildren following a divorce between parents.


Under plans being considered by the Government, judges would put greater weight on attempts by grandparents, uncles and aunts, for access to their grandchildren, nephews and nieces.

The proposal to alter the Children's Act 1989 is said to have the backing of MPs from across the Commons.

Justice Minister Lucy Frazer told the Telegraph she would consider bringing in a “presumption” that grandparents had such rights.

She said changes were needed providing there were no unintended consequences, adding: "It is clear that the system could work better and I am keen to look into how we can improve it."

Theresa May previously pledged to consider the issue of a legal right “carefully”, telling MPs that grandparents play an “important role” in their grandchildrens’ upbringing.

Grandparents currently have to apply to court for the right to apply for access, before then going through the application process for “child arrangement orders”.

Ministry of Justice figures show 2,000 grandparents began the often expensive and lengthy process last year – a rise of 25% in a year.

A Ministry of Justice spokesman told the paper. “We will consider any proposals for helping children maintain involvement with grandparents, together with other potential reforms to the family justice system which are currently being looking at.”

Lucy Peake, 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.”

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