Granny knows best: House of Lords decide 4 year old should remain with grandmother

In the case of Re B, published this week, the House of Lords was asked to consider whether a 4 year old boy, who had been living with his grandmother since he was born, should continue to do so despite the boy's father wanting his son to live with him. The boy had been staying with dad each weekend, but living with granny during the week.

Initially, the magistrates court had decided it was in the boy's best interests to remain with granny, as her care would be better than that offered by dad which they described only as 'good enough'. 

Dad successfully appealed on the basis that his son had a right to be raised by his biological parent. The circuit judge referred to the case of Re G, a case involving same sex partners, the House of Lords judgment of which said that all other things being equal it is in a child's best interests to be raised by his biological parents.

Granny appealed that decision; although the Court of Appeal decided that the boy should live with his father the change of residence was put on hold whilst she was given permission to petition the House of Lords for further permission to appeal. Dad was given more contact with his son in the meantime.

The House of Lords have now confirmed that, as ever, the right approach was to identify what was in the child's best interests, which were not necessarily prioritised by identifying the child's 'rights'. The fact that (1) the child had lived with his granny all his life; (2) there was a strong bond between them and (3) her care had been assessed as better than the care offered by the father all went to determine that maintaining the status quo would be in the boy's best interests in this case. 

Granny won her appeal.