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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi can you help me with the following: 1) My sons ex partner

Customer Question

Hi can you help me with the following:
1) My son's ex partner has refused contact with our granddaughter
2) my Son has been refused contact
3) it has been 5 months since last contact with my grand daughter
4) We did have regular contact which we agreed every Friday or Saturday
5) The mother has been erratic with our contact and this is not the first time she has refused contact and the longest she has with held contact has been 6 months. She also, refuses contact at the last minute, she will not let our grand daughter attend any of our family functions.
6) my son is named on the Birth certificate, she has our family name, and my son is the biological father
7) we have tried contact but she refuses to reply. personal contact cannot be made with her as she is abusive, aggressive and volitile.
8) are we able to make contact with her school to ask on her development?
9) Can we legally have access? and if we are allowed access, what can we do to stop her from refusing contact at the last minute and pick up our grandchild?
10) what would the approx cost of applying or attending court to seek access/visiting rights?
11) Can we take her away for a weekend, a week or 2 weeks holiday in the uk or abroad, even if she refuses?
12) Would it be advisable to send a letter explaining our access rights, if so, is there an official letter pro forma we could use to send to the mother?
regards
G
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old is the child and are you asking about your rights - or those of your son
Claire
Customer: replied 3 years ago.

Our Granddaughter will be 7 in april - regarding rights I would say for both


 


Thank you

Customer: replied 3 years ago.
Claire, she is 6yrs old, and I ask on behalf of my son and where I stand as a grandparent!
Regards
Gavin
Expert:  Clare replied 3 years ago.
Hi
Th law says that a Child is entitled to contact with both parents and the courts will enforce this if necessary
Your son should attempt to discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk)
If his ex refuses - or mediation fails - then he can apply to the court for a defined contact order - to include (eventually overnight and holiday contact) which will be enforceable
Grand parents are generally expected to share in the parents contact.
You can read more here
http://theparentconnection.org.uk/#
and here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Your son can make the application in person if he wishes - the fee is £215
In the mean time your son has Parental Responsibility for the child and is entitled to speak to her school - and attend parents evenings etc
I hope that this is of assistance please ask if you need further details
Claire

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