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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

23 SEP 2011

Re J (Leave to Issue Application for Residence Order) - Recognising grandparents' concern or controlling their interference? [2003] CFLQ 103

Gillian Douglas


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.    

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