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Children: Grandparents

Acting on behalf of a grandmother, who was being denied contact with her grandchildren by her daughter.

The grandmother had invited her daughter and her grandchildren to reside with her, and this arrangement had been ongoing for a period of 2 years. During this time, the grandmother did everything for the children, and they had formed a close relationship and strong bond. Sadly, after a blazing argument, the daughter moved out of the property, with the children, and refused the grandmother contact.

As there was no way to negotiate with the daughter, the grandmother had no other alternative but to instigate Children Act proceedings, requesting a Child Arrangements Order be put in place to enable her to enjoy contact with the children. As the grandmother did not have parental responsibility for the children involved, she had two make two separate applications; one requesting permission from the court to lodge her application for a Child Arrangements Order, and the Child Arrangements application itself.

Permission was granted, and Children Act proceedings commenced. At the first hearing it had been agreed that the grandmother have limited interim contact with the children, until a final decision was made. The daughter refused to adhere to the terms of the order, and continued to obstruct contact.

 A final order was finally put in place, which the daughter was far from happy about, with contact being ordered on alternate weekends.

Unfortunately, the daughter did not comply with the order, and continued to refuse to make the children available to see their grandmother. The grandmother was forced once again to issue proceedings, but this time she was seeking enforcement of the final order made given her daughter’s breach.

The application for enforcement was successful, and a costs order was made against the daughter in the sum of £5,300. 

Gemma Richardson