In the run up to the general election both the Conservative and the Labour parties have been keen to stress the importance of the extended family in childcare arrangements.
Last Autumn the Daily Mail ran a feature confirming the Conservative's view that grandparents’ involvement in childcare was a benefit to society and should be recognised. Not only does this form of childcare ensure a strong bond between grandchild and grandparent, it also enables the parents (or a single parent) to go out to work in the knowledge that their child is being cared for by family members.
It seems that these views may also have found favour at number 10 with Ed Balls, Secretary of State for Children, Schools and Families, recently announcing plans to abolish the legal requirement for grandparents to seek the permission of the court ('leave') before applying for contact with their grandchildren when this has been denied.
As the law currently stands only parents (including an unmarried father, whether or not he has parental responsibility), a guardian or a person with a residence order in their favour can apply to the court without leave for any section 8 orders.There are certain other categories of applicant who can apply for residence or contact orders only.
This means that the vast majority of grandparents must apply for leave to bring their application. While it is the case that grandparents will normally readily be given leave if they can show that they have a genuine interest and commitment to the child, the requirement creates an additional hurdle.
Grandparents who, therefore, have a genuine desire to spend time with their grandchildren and who have been prevented from doing so for one reason or another are increasingly seeking advice from family lawyers with a view to being afforded contact with their grandchildren through the courts. This seems to suggest that the preliminary requirement for leave is out of touch with reality.
Ed Balls, and previously the Conservatives, have focused on grandparents as the 'unsung heroes' when it comes to informal care arrangements. This is something that family lawyers have known for many years!
A full copy of the paper is available at http://www.dcsf.gov.uk/supportforall