Our expert says:
Family law expert
Sections 23 and 24 of the Children’s Act,govern non-parental rights to care and guardianship respectively and came into operation on 1 April 2010. Before that date grandparents had no inherent rights or responsibilities and it was only a high court, as upper guardian of a child, which could confer access, custody or guardianship on a grandparent. This would be done only if it were in the best interests of a child – an assessment that must be made having regard to the rights of the biological parents. any third party person having an interest in the care, well-being or development of a child is entitled to approach the court to have the right of contact granted to him or her, provided that such right is in the best interests of the child. Thus, grandparents, aunts and uncles, brothers and sisters, and anyone who has had a close relationship with a child may ask a parent for contact with the child. If contact is refused, the person wanting contact may apply to the courts for a contact order.
Family and Divorce Law Attorney
Abrahams and Gross Inc.
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