Q&As

If a father does not have parental responsibility for a child does he have to be named in an application by the maternal grandmother for a child arrangements order?

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Published on LexisPSL on 06/10/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • If a father does not have parental responsibility for a child does he have to be named in an application by the maternal grandmother for a child arrangements order?

If a father does not have parental responsibility for a child does he have to be named in an application by the maternal grandmother for a child arrangements order?

An application for a child arrangements order (CAO) may be made either by someone who does not require leave of the court or by someone who has obtained permission from the court to apply. Whether a grandmother requires leave will be dependent on the facts of the case. If the application is for a CAO that regulates who the child is to live with and when they live with them, and the child has lived with the grandmother for at least a year immediately preceding the application then a grandmother will not require permission to apply for a CAO (section 10(5B)-(5C) of the Children Act 1989 (ChA 1989)). Otherwise it is likely that as a first step she will need to apply for permission. An application for permission is made using the procedure under Part 18 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010, SI 2010/2955, Pt 18).

The respondents to applications under FPR 2010, SI 2010/2955, Pt 18 include, where there are existing proceedings or the proceedings have been concluded, the parties to those proceeding. Where there are no existing proceedings and an application is made for permission to apply for an order in

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