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sheets |
| GRANDPARENTS
RIGHTS INFORMATION SHEET |
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:-
1) The nature of the contact being sought.
2) 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.
3) Whether the child's needs for security and stability
would be disrupted.
4) 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:-
1) If the application was vexatious or frivolous
or an abuse of process, it would fail.
2) If the application failed to disclose any eventual
real prospect of success it should be dismissed.
3) 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.
1) The ascertainable wishes and feeling of the child
concerned (considered in the light of his or her
age and understanding).
2) His or her physical, emotional and educational
needs.
3) The likely effect in the child of any change
of circumstances.
4) The child's age, sex, background and any characteristics
that the court considers relevant.
5) Any harm which the child has suffered or is at
risk of suffering.
6) 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.
7) The range of the powers available to the court
under the Children Act.
Further advice should be sought from your solicitors.
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