Bowles and Anor and Post and Anor

In the matter of *Bowles and Anor and Post and Anor*, heard before Judge Blake, the applicants, who were grandparents, sought orders for time with their grandchildren. The respondents, the parents of the children, were in a loving relationship and posed no risk to the children. The grandparents sought particulars regarding why they were not permitted to care for the children and requested to be given first preference for such care. The parents applied for summary dismissal of the grandparents' application.

The central legal issue before the court was whether the grandparents had a reasonably arguable case for the orders they sought, such that the matter should proceed to a full hearing, or whether the application should be summarily dismissed. This involved an assessment of the prospects of the grandparents establishing a legal basis for their claims, particularly in circumstances where the parents were deemed to be safe and capable caregivers.

Judge Blake determined that the grandparents' initial application lacked a reasonably arguable case for the relief sought, leading to the summary dismissal of their application. However, the court granted the grandparents leave to file an amended application within 28 days, indicating that a properly framed application might have merit. The applicants were also ordered to pay the respondents' costs incidental to the dismissed application within 28 days.