We acted for a paternal grandmother. Her son i.e. the father had tragically died in a road accident. He was at the time separated from the mother. The mother was in a new relationship and when the father was alive their relationship in the respect of the child was not ideal.
On the death of the father the mother was not keen for the child to spend significant time with the paternal grandmother. The mother was also not willing to go to mediation to try and resolve matters.
This led to the grandmother making an application at short notice. As the child's grandparent the grandmother had to make 2 applications - 1. An application for leave to make the application to see the grandchild and 2. The actual application.
The court effectively screens the quality of an application. If it decides that there is an arguable case in favour of the person making the application it will allow it. In this case the paternal grandmother was able to issue the application. The court ordered the court welfare officer's report. It also ordered interim time for the child to spend with the grandparent.
The court decided that the grandchild would benefit from seeing the grandparent especially in these sad circumstances. The court at the final hearing allowed the grandparent to spend time including staying time with the grandchild. The client was happy as she had previously seen the grandchild when he was with the the father and she wanted the security of a court order to allow this continue.