I am a grandparent, can I apply to Court to see my grandchild?
Yes you can, however as parents do, you are required to attempt ‘mediation’ first, to see if matters can be agreed before making an application to Court.
Mediation did not work, what do I do now?
You can apply to Court for a child arrangements order asking the court for contact with the child, but, unlike parents or those with parental responsibility for the child, you must seek leave (permission) of the court to apply for that child arrangements order.
This will be the case, except for circumstances where the child has lived with you for at least one year immediately preceding the application, where you have the consent of each person with whom the child currently lives with under a child arrangements order, or where each person with parental responsibility for the child agrees with your application.
What does leave (permission) mean?
Where a grandparent is applying for leave to make an application for a child arrangements order, the court will consider the following points:
(a)the nature of the proposed application for the child arrangements order (i.e is it a genuine application);
(b)the applicant’s connection with the child (i.e is there an existing relationship which is being prevented);
(c)any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it (i.e is the application going to cause problems which will impact upon the child’s welfare).
Do I always need permission of the court to make an application?
Not always. If the child has lived with you for a period of one year immediately preceding your application to Court, you do not need permission to make the application.
My grandchild is in foster care, can I still apply to court to see them?
Yes you can. You will still need leave of the court as detailed above. The court will also need to consider two extra points, namely:
(i)the authority’s plans for the child’s future; and
(ii)the wishes and feelings of the child’s parents.
I have been granted permission of the Court to make my application, what happens now?
You can now proceed with your application for a child arrangements order and ask the court to make an order that you see your grandchild. If this cannot be agreed between you and those with parental responsibility for the child, the court may want to gather more information and list your case for a contested hearing, during which both you and those with parental responsibility will be able to tell the court what you want and why you think it is in the child[ren]’s best interests.
If you need advice regarding this article or any other Family Law matter then please contact 01978 291000 or 01244 312166 for more information or to arrange an initial free chat with one of our solicitors. Alternatively, please email: enquiry@allingtonhughes.co.uk
