Court Orders for Grandparents

Court Orders for Grandparents

Grandparents do not have an automatic right for a grandchild to have contact with them, however it is potentially possible for them to apply for a Child Arrangements Order.

They may not have an automatic right to be able to apply. This depends on if:
  1. You are a guardian or special guardian of that child (s.10 (4)(a))
  2. You hold a residence order in respect of that child (s.10(4)(b))
  3. The child has lived with you for a period of over three years within the last five years (s.10(5)(b))
  4. You have the consent of all other person(s) who hold a residence order in respect of the child; all other person(s) who hold parental responsibility in respect of the child; or the Local Authority in circumstances where the child is in their care (s.10(5)(c)). 
If you do not fall into one of the categories above then there are two stages to your application:
  1. You must first apply to the Court for leave (or permission) to make the application for contact using a C2 Application

  2. You may then make the application for a contact order using the C100 Application

If there are existing proceedings (i.e. your child is the father or mother who is also applying for a child arrangements order) then it may be easier, and it may be the court's preference that your contact (access) is agreed as part of those proceedings and not as a separate matter. You could even apply for a Specific Issue Order rather than a Child Arrangements Order.


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