Grandparents ‘should have rights in child custody cases’
Sunday 12th February 2012, 4:00PM GMT.
Grandparents' rights need to be considered, says Advocate Colley
GRANDPARENTS’ rights should be considered in child custody agreements following family break-ups, according to a leading family lawyer.
Advocate Rose Colley says that Jersey should follow the UK’s lead in requiring agreements between separating parents to include visiting rights for wider relatives – adding that with such a high proportion of working mothers, grandparents play an important role in bringing up children in Jersey.
She says that more and more, the courts are being called on to decide on what is best for children because parting couples cannot agree – and she says that access to children can become a bargaining chip when parents cannot agree on financial support.
This week, UK Justice Secretary Ken Clarke announced plans to reform the family justice system so that children could be given access to both sets of grandparents.
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NO!!!
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Who wrote this? The advocate who doesn’t know a thing about parental alienation? Ugh.
http://www.familylawcourts.com/grandparents.html
Often it’s the grandparents who FUND the continued litigation.
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Did this lawyer step back and consider that overbearing grandparents ( the in laws) are often a contributing factor in a family break up and divorce. I speak from experience and funnily enough it was this lawyer who made a simple divorce which we had agreed on a protracted and damaging affair. Got to keep those fee’s up I suppose.
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All she says is that agreements should take into account the rights of grandparents to visit their grandchildren. What can possibly be wrong with that?! If you were concerned about overbearing grandparents, surely it would be better to have their visiting rights set out in an agreement? She is not saying grandparents should have parental responsibility or anything.
Lawyers act on instructions. Maybe your ex wasn’t as conciliatory as you!
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Having firsthand experience dealing with legal aid solicitors (or I should say young practising solicitors) during my unfortunate marriage break up, I found the subject of financial agreement between myself and my soon to be ex-wife, to be more of an argument between two greedy and pushy solicitors. Firstly, there is no law in Jersey whereby maintenance means 20% of the supporting parent’s income. This is purely a guideline based on UK agreements. Why doesn’t Jersey have their own set rating which takes into consideration the cost of living here (that includes rents e.t.c.).
Secondly, if a mother takes the children out of the Island how come the solicitor will do little in the way of bringing the children back to Jersey where proper custody and access rights are worked out? If the father had left the Island with his children I bet he would have been hounded to all the corners of the earth and made to look like the villain.
Furthermore, I suggest it would be appropriate to consider the children’s thoughts of how they feel and what it is they would like. My children were absolutely devastated when they couldn’t see me each day or to say goodnight in the evenings.
Before we start considering extra family members we should realize all fathers have inner feelings too, and a child’s bond is just as strong with their mother as with their father. Equal rights should be considered. If an independent board of unpaid family experts say doctors or clergy should preside over a meeting with both parents to discuss financial agreements and child welfare then there could be a more favourable outcome. Children are never a bargaining tool. Children are loved by both parents and for either parent to leave the family causes great pain and emotion. It may be wise to allow parents a certain time period to get used to being alone again so as to avoid extra emotional stress when it comes to the burden of meeting solicitors and courts.
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@ 4, spot on.
The court no-matter how much they say they are not biased….ARE in favour towards the mother. It is very rare you hear of 50/50 custody or the children living with the father.
I can see Advocate Rose Colley point, some might not agree with it.
Being the father of two children who recently has gone through a divorce my ex has a confirmed report for a substance abuse problem, hooked up with another man and brought him into the home who also had a substance abuse problem.
Going through the courts was a nightmare, my ex saying it was the break up of the marriage that started the substance abuse problem although this had being going on for many years. Both my parents wrote to the court to explain what they had witnessed over the years with my ex (her parents live else where and hardly ever contact don’t see this) and the times they had to step in, yet this fell on deaf ears, my own advocate in utter disbelief telling me the law needed to be challenged in order to make change.
So, in some cases it is right for the grandparents to voice there say, and not just down to visiting and financial constraints.
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She only been in the Island a short while and she is now trying to tell us what to do……..well I suppose she is desperate to keeps her hopes up of getting into the states……. I wonder what she will come up next week with!!!!!!!!!!!!!
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Is 15 years a short while???
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my apologies I was informed 15 months, however my comment still stands,,,,,,,I am sure we will hear from her every week until the next elections!!!
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Make those responsible for the decisions financially accountable to the children on reaching the age of majority.
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