Permission to Apply for a Child Arrangements Order as a Grandparent

Why Grandparents Need Permission

Parents can apply for a child arrangements order as of right. Grandparents cannot. Under Section 10 of the Children Act 1989, most non-parents must first ask the Family Court for permission — also called "leave" — before the court will consider their application on its merits.

This is a procedural hurdle, not a reflection of how the court views your relationship with the child. The permission stage exists to prevent applications that would not serve the child's welfare from proceeding to a full hearing. For grandparents who are already the child's primary carer, the existing care relationship is relevant to the court's assessment, but it does not guarantee permission.

Automatic Entitlement: When You Skip Permission

You can file directly without seeking leave if:

• The child has lived with you continuously for at least one year immediately before you apply (Section 10(5B)). The year must be unbroken and end on the day you file.
• The child has lived with you for at least three years in total within the past five years, and that residence ended no more than three months before you file (Section 10(5)(b)). The three years do not need to be continuous.
• Every person holding parental responsibility has given written consent to your application (Section 10(5)(c)).

Evidence for the residence qualification can include school enrolment records showing your address, GP registration, Child Benefit records, council tax letters, or official correspondence showing the child at your home.

How to Request Permission

If none of the automatic routes apply, you request permission directly on Form C100 — the main application form. The C100 has a dedicated section asking whether you need the court's leave and letting you explain your grounds.

You do not need to file a separate Form C2 for this purpose. C2 is used when you are applying within existing proceedings — for example, to be joined as a party to an ongoing case or to seek directions. For a new standalone application, the permission request sits inside the C100, and you pay a single £270 court fee covering both the permission request and the substantive application.

What the Court Considers

The judge assesses four factors under Section 10(9):

The nature of the proposed application. What are you asking for? A "lives with" order is a significant change; the court considers whether your plan is workable.

Your connection with the child. How long have you known the child? How often have you been involved in their daily care? What is the quality of your bond? Evidence matters — photographs, school records showing your involvement, letters from teachers or health visitors, and any official documents showing the child in your care.

Risk of disruption. Could the application itself harm the child — by destabilising a settled arrangement or drawing the family into conflict? The court weighs the potential disruption against the benefit to the child of having the application heard.

Local authority plans and parental wishes. If the child is looked after by the local authority (under a care order or Section 20 accommodation), the court considers the council's plan. The wishes of the parents are relevant but not determinative.

What Happens at the Hearing

The permission question is usually decided at or shortly before the FHDRA (First Hearing Dispute Resolution Appointment). The judge reads your C100 grounds, the Cafcass safeguarding letter, and any position statements.

If permission is granted, the case proceeds to a substantive hearing. Granting leave does not mean the order will be made — it simply means the court considers the application worth hearing.

If permission is refused, the application terminates. You would need to file a fresh application if circumstances change.

Practical Tips for a Strong Permission Application

• Be specific about how long the child has been in your care and what role you play in their daily life
• Describe the circumstances that brought the child to you — a parent's addiction, imprisonment, illness, or death
• Explain why you are seeking a court order now — typically because a school, GP, or benefits agency needs proof of legal authority
• Avoid making the application about the parents' failings; frame it around the child's welfare and stability
• If the child has expressed where they want to live, mention it factually

Our Child Arrangements Order Process Guide includes a permission self-assessment tool and guidance on documenting your connection with the child for the Section 10(9) assessment.

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