Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has made an assessment of the potential merits of removing the requirement for grandparents to seek the leave of the court before applying for a child arrangement order.

If they have not been living with the child(ren) concerned for one year immediately preceding the application, grandparents will first need to seek the permission of the court to apply for a child arrangements order. This requirement is not designed to be an obstacle but to sift out applications that are not in the child’s best interests. The welfare of the child is the paramount consideration in any decision the court makes, including in relation to who a child lives with or spends time with, and as such the current requirements in place are seen as the best method to ensure the safety and welfare of the child.

It is our intention to consult on measures to encourage and support more parents and other parties such as grandparents to resolve their disputes without needing to come to court.