When relationships break down it is not just parents and children whose lives are dramatically affected. Grandparents and other non-parents – aunts and uncles for example – often encounter difficulties when they want to spend time with children with whom they have built a secure, familial bond, often over many years.
As family law solicitors representing people across North Wales we know that it’s not uncommon for those with grandchildren or nieces and nephews to want to take a more prominent position in those children’s lives. Sometimes when parents have separated this desire extends to wanting to have those children live with grandparents or other relatives most of the time.
Here we look at the position of grandparents and others when they decide to apply to the court for what is known as a Child Arrangements Order. We also look at a recent study that highlights the prevalence of these types of applications and suggests that grandparents and other non-parents are often overlooked by the family justice system.
What Are Child Arrangement Proceedings?
Child Arrangements Proceedings arise when there is a dispute between separated parents and/or families about arrangements concerning children. The procedure is designed to assist families to reach safe and child-focused agreements for their child – where possible out of court.
The rules about Child Arrangement Orders make clear that negotiated agreements between adults generally enhance long-term co-operation and are better for the child concerned. So separated parents and families are strongly encouraged to attempt to resolve their disputes concerning the child outside of the court system. In our experience this is usually quicker and cheaper.
It is important to be aware that in any proceedings involving children the court’s highest priority is the welfare of the children. Children and young people should be at the centre of all decision-making.
The child or young person should feel that their needs, wishes and feelings have been considered in the arrangements which are made for them. Children should be involved, to the extent which is appropriate given their age and level of understanding, in making the arrangements which affect them.
Courts no longer talk about ‘contact’ and ‘residence’. Instead the Child Arrangement Order regime regulates who the child will live with, spend time with or otherwise have contact.
How Do Non-parents Apply For Child Arrangement Orders?
Orders are not just made in favour of a parent. They can be made in favour of:
- Grandparents
- Aunts and uncles
- Siblings
- Step-parents
- Special guardians
- Foster carers
Unlike parents and step-parents, grandparents and other non-parents listed above have an extra hurdle to clear before their Child Arrangements application can proceed. They must ask the court for permission to make the application. In deciding whether to allow an application by a non-parent judges will look at:
- The nature of the Child Arrangements Order being sought
- The applicant’s connection with the child
- Any risk there might be that disruption caused by the proposed application might harm the child
Once permission is obtained an application is made using Form C100. This is the same form used by parents when they make similar applications.
How Many Child Arrangement Applications Do Non-Parents Make?
Academic research in 2023 funded by the Nuffield Family Justice Observatory confirmed that a considerable number of applications to regulate arrangements for children are made by non-parents. The study suggests greater attention should be given to this class of applicant whose needs are often overlooked.
In fact, according to the study at least 10% of child arrangement applications are now made by non-parents. The research also revealed that:
- 59% of applications in Wales were for Child Arrangement Orders, but cases also involved applications for other orders such as parental responsibility orders, special guardianship orders and adoption orders
- A wide range of non-parents were involved in proceedings, including grandparents, step-parents, foster carers, special guardians and intended parents. Of this group grandparents made up around 63% of all applications in Wales (5% higher than the number in England)
Comment
Instances of non-parents like grandparents being deprived of spending time with closely connected children is one that in our experience is on the increase. The expense and uncertainty associated with child arrangement applications – and the additional obstacles faced by non-parents wishing to make applications means it is crucial to get legal advice before going down the court route. As the rules make clear, out of court agreements are preferred because they tend to be more successful in the long term.
Contact Us
If you need any advice on arrangements for children generally, please call us on 01492 860420 or email . Gamlins Solicitors LLP has a network of offices across North Wales, and we can arrange an in-person appointment at the office that’s most convenient for you or a remote appointment if you prefer.
