Grandparents and the Law: Rights and Relationships

Description

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings. Acknowledgements Contents List of Contributors 1. Introduction I. Who Are Grandparents and Why Do They Matter? II. Themes III. Chapter Outlines IV. Future Agenda for Grandparents and the Law 2. The 'Grandparent' Problem: Encouraging a More Relational Approach Towards Child Arrangements via Mediation I. Introduction: A 'Nuclear' Norm II. 'Relationality': A Preferred Approach Towards Private Children Disputes III. Making and Enforcing Contact Orders in a 'Heteronormative' Framework IV. Mediation: A More Promising Option for Furthering Grandparents' Claims V. Conclusion 3. Best Interests and Relationality in Reproductive Health Care I. Introduction II. The Legal Context III. Liberal or Relational Autonomy: Competing for Best Interests IV. The Risks of Expanding Rights of Grandparents through Relational Approaches V. Concluding Remarks 4. On the Sidelines? Grandparents in Care Proceedings I. Introduction II. Notification and Involvement Prior to Proceedings III. Grandparents' Participation in Care Proceedings IV. Access to Legal Advice and Representation V. Assessing Grandparents as Potential Carers VI. Court Decision Making VII. Conclusions 5. Special Guardianship Orders and Grandparents: 'Love Is Not Enough' I. Introduction II. The Evolution of the Special Guardianship Order III. Parental Responsibility and its Importance IV. The Voice of the Child V. Special Guardianship Order or Child Arrangements Order? VI. Process: Private Law and Public Law, Placement Breakdown and Finances VII. Conclusion 6. Grandparents: Anchors in Uncertain Times, Alternatives to Adoption? I. Introduction II. Identity and Family Constellations: Who is the Child? III. The ECHR, UNCRC and English Law IV. Law, Carer Assessments, Family Constellations and Identity V. Conclusion 7. Symbolic and Expedient 'Solutions', Grandparents and the Private Family Justice System: The Risk of Unintended Consequences I. Introduction II. Autopoietic Theory and the Challenge of Future Uncertainty for Family Law III. Symbolic 'Solutions' and the Calls for Statutory Reform: The Removal of the Leave Requirement and the Extension of the Statutory Presumption of Parental Involvement IV. Expedient 'Solutions': The Deployment of Grandparents to Play a Protective Role in Domestic Abuse Cases V. Conclusion 8. A Socio-Legal Analysis of Grandparents' Rights in Iran I. Introduction II. Historical Overview of Guardianship Law in Iran III. Family and Guardianship IV. Concluding Remarks 9. A French Perspective on Grandparents and Private Law: The Right of the Child to Maintain Personal Relationships I. Introduction II. The French Statutory Presumption: The Child’s Right to Maintain Relations with His Grandparents III. The French Statutory Presumption: A Child’s Right or a Grandparent’s Right? IV. The French Statutory Presumption and the 2002 Law: Is There Still a Special Place for Grandparents within the Child’s Life? V. Reversing the Statutory Presumption: How French Courts Define the Child’s Interest in Relation to Article 371-4 of the French Civil Code VI. Conclusion 10. The Impact of Culture on Grandparents' Rights: Laws and Social Practices in Nepal I. Introduction II. Nepali History: Rana Rule, Civil War and the Earthquake III. Social Norms and Grandparents in Nepal IV. Do Laws in Nepal Protect Grandparents' Rights? V. Is There a Case for Protecting Grandparents' Rights in Nepal? VI. Addressing Grandparents' Rights: Possible Next Steps VII. Conclusion Index