Grandparent contact: another presumption?

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.

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