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Grandparents' rights quick Q&A
What are grandparents' rights
A grandparent may apply to the court for Order relating to their grandchildren. The court usually favours extended family involvement. However, there may be good reasons why contact is not taking place.
The grandparent must first of all obtain leave (the court's consent to the making of an application). The court will look at:
- the nature of the contact being sought.
- the connection of the Applicant to the child; the more meaningful the connection, the greater the weight given. Although contact between grandparents and children was assumed to be beneficial, they still require leave to apply.
- whether the child's needs for security and stability would be disrupted.
- the wishes of the parent(s) and the local authority
In deciding whether or not to grant leave, the court should adopt the following approach:
- If the application was vexatious or frivolous or an abuse of process, it would fail.
- If the application failed to disclose any eventual real prospect of success it should be dismissed.
- The Applicant has to satisfy the Court that there is a serious issue to try and present a good arguable case.
In the event of leave being granted, the court must consider the child's needs as paramount and apply the following checklist before making an Order:
- The ascertainable wishes and feeling of the child concerned (considered in the light of his or her age and understanding).
- His or her physical, emotional and educational needs.
- The likely effect in the child of any change of circumstances.
- The child's age, sex, background and any characteristics that the court considers relevant.
- Any harm which the child has suffered or is at risk of suffering.
- How capable each of the child's parents are, or any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs.
- The range of the powers available to the court under the Children Act.
If you require further advice, please ask a question or call us on 0800 066 99 20
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