A Tynwald report has recommended grandparents should be able to assure access to their grandchildren, if necessary through the courts.

The report, from the social affairs policy review committee, originated from a Tynwald Day petition from Terence and Heather Mills.

Mr And Mrs Mills’ petition was for legislation to ensure grandparents and grandchildren had mutual access rights, that one parent cannot stop access for ’spurious reasons’, to allow for grandchildren to be cared for by their grandparents if required and to prevent ’emotional abuse’ of children being used as ’bargaining chips’.

Under the current legislative framework, grandparents do not have any automatic rights, responsibilities or duties in respect of their grandchildren.

Nor is there any presumption contained in Manx law that children benefit from contact with extended family members.

However, the committee, which was chaired by Julie Edge MHK for Onchan, said: ’Statutory provisions are already in place in respect of private law proceedings to allow grandparents to apply for, and be granted, legally enforceable contact orders to see their grandchildren, where this is in the best interests of the child.’

The committee recommends that the Children and Young Persons Act 2001 should be amended to entitle grandparents and other extended family members to apply directly to the courts for orders.

mediation

But it added: ’Court proceedings should be seen as an absolute last resort, with mediation being strongly encouraged as a first step to reaching an agreement.

’In particular, mediation should be actively recommended to any party wishing to apply for an order under section 11 of the Children and Young Persons Act 2001; and further information and guidance should be issued to the parties about accessing mediation services in the Isle of Man prior to commencing legal proceedings.’

Section 11 of the Act outlines who is allowed to apply for court orders in respect of residency and contact.

Fundamentally, the committee agreed that the rights and overall welfare of the child are to be of paramount consideration, and that ’court interference should not occur unless deemed necessary, is the correct approach for the island and should not be interfered with’.

The committee has also recommended that the Council of Ministers should ’review public awareness and accessibility of mediation services for family matters and report to Tynwald by April 2021’.

It added: ’As part of the review the Council of Ministers should consider and report on whether the Manx Industrial Relations Service system already in place for employment matters could be extended to cover family matters.’

Mr and Mrs Miles originally presented their petition in 2019.