§ Mr. WrayTo ask the Parliamentary Secretary, Lord Chancellor's Department what rights grandparents have regarding access to their grandchildren. [93549]
§ Ms Rosie WintertonThe Children Act 1989 requires that the court's paramount consideration must be the welfare of the child. Judges are guided by a list of factors set out in section 1(3) of the Act, known as the 'welfare checklist'. The court has the discretion to take into consideration all the facts and circumstances of the individual case when deciding any question concerning the child, including issues of contact and residence.
Any person (including grandparents) may, provided that the permission of the court is obtained, apply to the court for an order for residence or contact with a child. This requirement is designed as an early filter for those applications the court feels would not to be in the best interests of the child. Experience suggests that grandparents (or other interested relatives) do not 914W usually experience difficulty in obtaining permission where their application is motivated by a genuine concern for the child.
§ Mr. WrayTo ask the Parliamentary Secretary, Lord Chancellor's Department what proposals she has to ensure that grandparents have increased legal rights of access to their grandchildren; and what other rights grandparents have in the event of family breakdown. [93550]
§ Ms Rosie WintertonThe current requirement is for grandparents to obtain the leave of the court to issue an application for contact with grandchildren. Experience has shown that grandparents, or wider family members, do not usually experience difficulty in obtaining leave when the application is motivated by genuine concern for the child. Consequently, there are no plans to amend the Children Act 1989. In the event of a family dispute, any person, including grandparents, with a contact order can apply to the court to determine the implementation or variation of the existing order.