Child Arrangements Orders: Grandparents
The question
To ask the Secretary of State for Justice, whether his Department plans to legislate to protect the rights of children to communicate with (a) grandparents and (b) others members of extended family in cases where (i) one and (ii) both parents seek to prevent such contact.
Answered by Alex Davies-Jones
I acknowledge and respect that grandparents and other extended family members often play an important role in children’s lives and can provide stability in families, particularly where parents are separating.
Any contact with the child should always be in their child's best interests. This is why there is no statutory right for any adult to have contact with a child. It is already possible for extended family members to seek leave of the court to apply for ‘spending time with’ or ‘living with’ arrangements through a Child Arrangements Order under Section 8 of the Children Act 1989 (‘the Act’). The requirement for grandparents or others to seek the leave of the court first is to ensure that their application is in the child's best interests; but in certain circumstances, applicants may be entitled to apply without the leave of the court under section 10 (5) of the Act. These circumstances include where the child has lived with them for a period of at least three years. Therefore, the Government has no current plans to legislate further on this issue.
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