Divorce Advice And Help _ Other Relatives

Published / Last Updated on 12/12/2007

Contact from other relatives can be difficult when separation or divorce occurs.  Families will tend to split and side with their own blood relative involved in the divorce.  It can present added difficulties for children as they are again having routine contact with relatives potentially changed in view of the circumstances.  

Maintaining contact with other relatives can be a useful source of help and calm for children as other relatives may be a little more detached from the emotion and trauma of divorce and thus offer a stable comfort point for children.  

If things are made difficult and relatives or close friends experience difficulty in maintaining contact with the children then they can apply for their own contact order or section 8 order .  You do not have to wait until divorce proceedings have commenced.   Likewise, even if a divorce was settled some time ago, you can still apply now for a new order.  

Some people who have connections with the children may have an automatic right to apply for contact, others may not - for example even if you are not the parent but have had the child living with you for three years or more then you may have an automatic right to apply for contact.  Applications for contact by grandparents or other blood relatives will normally be granted - this is normally subject to them having a good case for contact.  The courts will investigate any previous contact and when it was made.  It may be that if contact was some time ago they will allow a gradual increase in contact starting with letters or telephone calls and gradually build up to full contact.  It goes without saying that if there are or have been problems between families then the court may not allow contact if this were thought to be detrimental to the children's well being.  

For other close friends such as godparents, the courts may look closer to ensure that the application is reasonable and that the risk of harm or disruption to the child is not increased.  

Applying for residency

Residency orders are unlikely to succeed by people other than parents unless the parents or other parties involved (e.g.  the child may be in local authority care) give their support and backing to the application.  

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