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Grandparents play an important role in the lives of their grandchildren. A grandparent may want to make a court application for contact with a grandchild in the event that contact breaks down.
Typically, grandparents do not have automatic permission to make a court application in relation to children. Unless one of the specified grounds in section 10 of the Children Act 1989 applies, a grandparent must apply for permission from the court to make their application.
When the court is considering granting permission to apply, the following factors will be considered:
The nature of the proposed application
The applicant’s connection with the children
Any risk of disruption to the child’s life by the proposed application
Any other factors that the court considered relevant (including the wishes and feelings of the child concerned).
The requirement of permission is intended to act as a filter to protect against unwarranted applications that may affect the child’s comfort and security, whilst ensuring that applications in the child's best interests can proceed.
If you would like any further information or advice in relation to Applications under the Children Act 1989, please contact our specialist family lawyers: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.