Protecting Children’s Welfare in Family Disputes 

In this case, we represented the parents of two young children who sought to protect their children from exposure to potentially harmful environments. The grandparents, specifically the grandmother, had been denied contact by the parents due to serious concerns regarding her behaviour. 

The grandmother was allegedly smoking marijuana and drinking alcohol in front of the children, creating an environment the parents felt was unsafe. The parents, concerned for their children’s wellbeing, sought to prevent direct contact between their children and the grandmother. 

Primary Legal Issue 

The key legal issue was the parents’ desire to restrict the grandmother’s access to the children. The parents were concerned about the children’s exposure to illegal substances and the impact of the grandmother’s actions on their welfare. It was essential to argue that the environment the grandmother provided was unsafe and unsuitable for children. 

Key Challenges Faced by Client/RLK 

• Complex family dynamics: The situation involved delicate family relationships, making it a sensitive case. 
• Proving risk to the children’s welfare: We needed to provide convincing evidence that the grandmother’s behaviour posed a risk to the children’s wellbeing. 

Legal Approach & Strategy 

Our strategy was to focus on the children’s welfare and highlight the potential harm of being in an environment where they were exposed to illegal substances and excessive alcohol consumption. We presented a strong case that the children’s safety and wellbeing must take precedence over any automatic assumption that grandparents have an inherent right to see their grandchildren. 

We argued that the mother and father were fully within their rights to restrict contact due to the risk posed by the grandmother’s actions. 

Outcome & Impact 

The court sided with the parents. The grandmother was granted indirect contact only, which was limited to exchanging letters or emails on special occasions such as Christmas and birthdays. A no contact order was put in place to protect the children’s safety from any direct interaction with the grandmother. 

Client Benefits & Key Takeaways 

• Grandparents’ rights are not automatic: While it is often assumed that grandparents have an inherent right to see their grandchildren, the court recognises the parents’ concerns about their children’s welfare. 
• Legal recourse is available: If parents feel their children are at risk in any situation, they can seek legal intervention to protect their children’s best interests. This case demonstrated the importance of taking swift action to ensure the safety of the children. 

If you have concerns about your children’s welfare or need advice on family arrangements, contact us today.