Often, when parents separate, it is not just the parents who wish to ensure that their relationships with the children remain in place. Unfortunately, extended family members including grandparents do not have automatic rights in relation to children. Applications can be made to the Court, although there is an additional step required, in that permission from the Court must be sought first, before the application can proceed. Certain categories of people are entitled to make an application for a Child Arrangements Order without having to seek permission from the Court first, and they are: 1. A parent, guardian or special guardian of a child; 2. Any person who has Parental Responsibility; 3. Anyone who holds a Child Arrangements Order; 4. Any party to a marriage or civil partnership where the child is a child of the family; 5. Anyone with whom the child has lived for at least three years out of the last five years including the last three months; 6. Anyone who has the consent of those with Parental Responsibility. Other people can make an application to the Court for permission to make an application. In deciding whether to give permission the Court must consider all the circumstances and in particular: 1. The nature of the application i.e. what the Applicant is seeking; 2. The Applicant’s connection with the child. The Court will seek to be persuaded that the relationship with the child is meaningful, ongoing and of a significant benefit to the child’s life; 3. The risk of the child’s life being disrupted by the proposed application to such an extent that the child would be harmed by it; and 4. The wishes of the parent and if appropriate the Local Authority. It is via this route that wider family members such as grandparents are able to apply for Orders in respect of children. If permission is granted a full application can proceed.
We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full. To contact us, please:
Call us on 01442 218090
Send an email to email@example.com
Click on the link to the right and Contact the Children Team
What our customers say about us
"Quite frankly you have been brilliant, supportive and kind, most of all very well informed, professional and very clear on the path to take. You supported me every step of the way and achieved the most positive outcome far beyond my expectations and your support during this difficult time was constant. "
"I found Hepburn Delaney to be totally professional, compassionate and very understanding. All the team have been brilliant to deal with. A special thank you to Rebecca Delaney; without her being at the end of the phone when a crisis happened I could not have coped. I would strongly recommend Hepburn Delaney to anyone who needs a solicitor with the personal touch."
"I would like to thank Gemma for her outstanding work on my case. Her expertise and attention to detail were tremendously valuable."