Full 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.
Contents
1. Introduction, Samantha Davey (University of Essex, UK) and Jaime Lindsey (University of Essex, UK)
2. The 'Grandparent' Problem: Encouraging a More Relational Approach Towards Child Arrangements Via Mediation, Charlotte Bendall (University of Birmingham, UK) and Samantha Davey (University of Essex, UK)
3. Best Interests and Relationality in Reproductive Healthcare, Jaime Lindsey (University of Essex, UK)
4. On the Sidelines: Grandparents and Care Proceedings, Joan Hunt (University of Cardiff, UK)
5. Grandparents and Special Guardianship Orders: Love is not enough, Liz Fisher-Frank (University of Essex, UK)
6. Grandparents: Anchors in Uncertain Times, Alternatives to Adoption? Samantha Davey (University of Essex, UK)
7. Symbolic and Expedient 'Solutions', Grandparents and the Private Family Justice System: The Risk of Unintended Consequence, Jo Harwood (University of Essex, UK)
8. An Iranian Socio-Legal Analysis of Grandparents' Rights, Sahar Maranlou (University of Essex, UK) and Fatemeh Keyhanlou (Azad University, Iran)
9. A French Perspective on Grandparents and Private Law: The right of the child to maintain relationships, Laure Sauvé (University of Essex, UK)
10. The Impact of Culture on Grandparents' Rights: Laws and Social Practices in Nepal, Sneha Shrestha (Holborn Chambers, UK)
