GM & Anor v EB & Anor (Rules of Evidence)
[2024] EWHC 288 (Fam)
J & K v M
10 May 2024
[2024] EWHC 1156 (Fam)
High Court
Grandparents wanted to see their grandson. His dad is in jail for murder, and his mom doesn't want them to see him because she doesn't trust them and doesn't want to upset her son. The judge said no direct contact because it would upset the mom and son too much, but the grandparents can send letters and gifts.
Key Facts
- •Paternal grandfather (J) and step-grandmother (K) applied for contact with their 6-year-old grandson (A).
- •A's father (F) is serving a 22-year prison sentence for murder.
- •A's mother (M) opposes contact due to concerns about J's behavior and the Applicants' support for F.
- •Previous contact between A and the Applicants was positive but ceased in 2021.
- •Allegations of attempted fraud and other concerning behaviors by J were raised.
- •HHJ Walker initially refused contact, but Mr Justice MacDonald overturned the decision due to procedural unfairness.
- •A has had limited contact with his father in prison, facilitated by the paternal grandmother.
Legal Principles
There is no presumption that grandparents are entitled to contact; the paramount consideration is the child's welfare.
Re A (Section 8 Order: Grandparent Application) [1995] 2 FLR 153
Contact orders are made only if in the child's best interests; grandparents' hostility towards the parent is not sufficient reason to deny contact if other factors support it.
Re W (Family Proceedings: Applications) [2011] EWHC 76 (Fam), Re S (Contact: Grandparents) [1996] 1 FLR 158, Re W (Contact: Application by Grandparent) [1997] 1 FLR 793
The court should take a medium-term and long-term view of the child's development.
Re G (Education: Religious Upbringing) [2012] EWCA Civ 1233
Outcomes
The application for direct contact between the Applicants and A was refused.
The impact on the mother and, through her, on A, outweighs any benefits from contact. The mother's lack of trust, the potential negative influence of the Applicants' support for the incarcerated father, and the emotional distress it would cause were considered paramount. The court wants to give the child and mother space to cope with the father’s imprisonment.
Monthly indirect contact via letters, cards, and presents was allowed.
This allows the Applicants to attempt to regain the mother's trust before further applications for direct contact are considered.
No further court applications are permitted for at least three years.
To protect the mother and child from further litigation stress.