The High Court has rejected an appeal by a grandfather and a step-grandmother for contact with their six-year-old grandson, prioritising the child’s and mother’s wellbeing.

Background of the Case

The child, referred to as A in proceedings, was born when the father had already been convicted of murder and sentenced to 22 years in prison. His criminal record also included sexual assault of a child under 13 years old.

Before the Covid-19 pandemic, A had regular overnight contact with his grandparents every fortnight while the mother worked on Saturday nights. This contact was positive for A, who had a close and loving relationship with his grandparents and other paternal family members.

Disruption of Contact

Contact stopped during the Covid lockdown but resumed in the summer of 2020. However, the mother ceased contact with the grandparents in May 2021, citing concerns about their statements supporting the father’s separate application for contact and their behaviour regarding the father and herself.

Evidence Presented

The court heard evidence that the father’s probation officer had warned Cafcass about discussions between the father and grandfather to fraudulently create evidence of an established relationship between the grandfather and A through fake cards and letters. The grandfather denied these allegations.

The mother argued that visiting his father in prison had confused A, and she believed that the grandfather should consider the boy’s needs and withdraw the application. She suggested the grandfather show commitment by sending cards or short letters over time to help A understand and feel less confused.

Court’s Decision

Mrs Justice Lieven focused on A’s best interests, stating that any upset and unhappiness caused to the mother by allowing direct contact would undoubtedly affect A. Weighing all factors, she determined that the impact on the mother and, consequently, on A, outweighed any potential benefits of contact.

Justice Lieven concluded that the mother “should be given a break of at least three years before she has to face any more applications” for contact by the grandparents.

Case Reference
Court Rejects Grandparents’ Appeal for Contact with Grandchild
Between J & K
High Court Family Division
May 2024
Mrs Justice Lieven