Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email firstname.lastname@example.org
Grandparents and their children’s divorce
© Copyright LexisNexis 2024. All rights reserved.
Grandparents often provide stability and security for their grandchildren both in practical ways and by way of emotional support and it can be a very significant relationship for both the grandchildren and the grandparents. However there are issues which need to be considered in the event that the parents’ relationship breaks down.
1. Position on a parent’s death - Testamentary guardianship
Grandparents may be concerned about what will happen to their grandchildren in the event that the children’s parents separate/divorce and then die. They may be particularly worried about their ongoing relationship with those children. A parent may wish to provide that a grandparent is made guardian of the children on the parent’s death. Will this be effective?
This depends on:
- Whether the deceased parent had “parental responsibility” (PR) for the child. Parental responsibility means all the rights duties powers responsibilities and authority that a parent of a child has in relation to the child and his property by law. The mother automatically has PR. The father has PR if he is married to the mother is on the birth certificate (if the child is born after...
Read the full article here.