Re J (Leave to Issue Application for Residence Order) – Recognising Grandparents’ Concern or Controlling Their Interference?

9 Pages Posted: 13 Apr 2012

Date Written: 2003

Abstract

The Court of Appeal has rejected the view that it is necessary for an applicant to establish a ‘good arguable case’ before being granted leave under section 10(9) of the Children Act 1989 to seek a section 8 order. This comment discusses the courts’ approach to the position of grandparents in family proceedings as revealed by the Court of Appeal’s reasoning and assesses this in the light of research evidence on the role of grandparents whose children have divorced.

Keywords: child law, family law, Children Act 1989, grandparents, divorce

Suggested Citation

Douglas, Gillian, Re J (Leave to Issue Application for Residence Order) – Recognising Grandparents’ Concern or Controlling Their Interference? (2003). Child and Family Law Quarterly, Vol. 15, No. 1, pp. 103-111, 2003, Available at SSRN: https://ssrn.com/abstract=2039386

Gillian Douglas (Contact Author)

The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand Campus
London, WC2R 2LS
United Kingdom
+44 (0)2078481367 (Phone)

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