In England and Wales, if mediation is unsuccessful, and/or the parents are not prepared to engage, as a grandparent you first have to obtain the 'leave', or permission of the court, before progressing your application for a child arrangements order to spend time with your grandchildren. The court will normally address the issue of 'leave' at the first hearing, whether dealt with by consent or by order of the court. Whether or not that leave is granted will depend on a number of factors, including the nature of the application, the grandparent's connection to the child, and the risk to the child that granting the substantive application would disrupt his or her life to the extent that he/she would be harmed by it. Assuming that the court has given permission ('leave') for such an application to be made, the judge will then apply the Children Act 1989 'welfare checklist' to make their decision, taking into account, for example, the age of the child, their wishes and feelings and any harm the child may be at risk of suffering. The paramount consideration will always be the child's welfare. The court will likely require all the concerned parties to file statements and may instruct Cafcass to speak to the parties and to the children involved (depending on their age and maturity) so that they can report to the court on whether it is in the children's best interests to spend time with the grandparent, and on the frequency and nature that contact may take. Often, agreement can be reached between the parties either at court or through negotiations, but if not, the court will hear evidence and impose a final order. In Scotland, when making any decision, the court will consider the welfare of the child as paramount. They will consider if the order sought by the grandparent is in the best interests of the child. The court will consider all of the circumstances of the case. The court will consider the wishes of the child and how any proposed order will affect the existing arrangements for care and the relationship the child already has with their parents. The Court will only make an order if it believes it is necessary and in the best interests of the child.