Suban and Suban and Ors

This matter concerned an application by the maternal grandmother (the Applicant) against the father and mother of three children, [X], [Y], and [Z]. The dispute centred on parenting arrangements for the children, with the grandmother seeking orders for time with the children, while the parents sought to dismiss her application and have the children live with the mother. The case was heard by Judge Lapthorn.

The court was required to determine the best interests of the children in relation to their living arrangements and the extent of contact the maternal grandmother should have with them. Specifically, the court had to consider the existing parenting arrangements for [X] and [Y], which involved shared care with the father and a parenting plan with the father respectively, and how any new orders would interact with these. The court also had to address the grandmother's request for telephone contact and the ability to send letters and cards to the children.

Judge Lapthorn dismissed the grandmother's initiating application and the third respondent's response. The court ordered that the children [Y] and [Z] live with the Second Respondent Mother. The child [X] was to spend time and communicate with the maternal grandmother at all times as agreed between the child’s father and the maternal grandmother during the times [X] was living with the father. The maternal grandmother was permitted to telephone [Y] once per fortnight and to send letters and cards to all three children. Crucially, the court made orders restraining all parties from denigrating each other or their families in the presence of the children and requiring them to ensure no other person did so. The maternal grandmother was also restrained from personally seeking out [Y] at his school, unless [Y] initiated contact. Each party was required to keep the others appraised of their contact details, and the mother was to facilitate the grandmother obtaining school photos of the children.