§ Mr. Rhodes Jamesasked the Secretary of State for the Home Department whether he will take steps to amend the Guardianship of Infants Act to enable grandparents to apply for access to grandchildren as well as for custody.
§ Mr. JohnWe have no such proposals under consideration. The former Guardianship of Infants Acts, and their successors the Guardianship of Minors Acts 1971 and 1973, restrict the right to apply for custody of or right of access to a child to the mother and father—though the court, when it has an application, may make whatever order on these matters as it thinks fit having regard to the welfare of the minor. A grandparent may, however, apply under Section 5 of the 1971 Act to be the guardian of a child who6W has no parent or guardian. Generally speaking, grandparents have no legal duties towards grandchildren, and I am doubtful whether it would be in the interests of children generally to give grandparents a right to apply for a legally enforceable right of access.