Applications by Grandparent, Godparents and others
When a family splits up, sometimes the contact between the children and one set of the grandparents ends, as families divide into opposing camps. This is rarely good for the children: often they can be helped to cope with their distress by grandparents or godparents (or other close relatives or friends), who can give a helping hand to guide the children through the sad and difficult times.
Grandparents and godparents (or for that matter any other interested relative or family friend) can apply to the court for a contact order or other children order. They do not have to wait until divorce or other children proceedings have been started.
The legal test is whether the applicant can show that he or she has a ‘good arguable case’ and that there is a serious issue to try. Usually the court will grant permission to apply and leave a full investigation to a proper court hearing involving all sides.
Applications for contact by grandparents are likely to be granted, unless there is deep bitterness between the families which would be exacerbated by making a contact order. Contact orders can be in the form of letters, cards and telephone calls, so the court may make an order for contact in stages, building up contact from letters and telephone calls before a face to face meeting, especially if the grandparents have not met their grandchildren for a long time.
Applications for residence orders by grandparents are unlikely to succeed, unless the natural parents are fully in support and the child has established a pattern of living with a grandparent.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
