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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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The mother of my grandson ,his legal guardian, has died ,

Resolved Question:

The mother of my grandson ,his legal guardian, has died , My son ,his father, now wants him to come to him, does my son have the rights to have him , as the mothers parents are refusing to even let him see him
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:

Are there any court orders regarding your grandson?
How old is he?
When did your son last see your grandson? How often did he see him, and what was the arrangement for him to see his son before the boy's mother died?
Who (if anyone) was named in the mother's will as guardian for the boy?
Customer: replied 3 years ago.

There is a court order ,where my grandson was to live with his mother and my son had access fortnightly Friday to Sunday and half of all the school holidays.


My grandson is 10yrs old and attends a special school and boards during the week.


My son last saw his son last weekend.


Unknown if she made a will.


 

Expert:  UKfamsol replied 3 years ago.
sOk thanks.

The first thing is to reestablish your son's contact with his son, as per the court order. So I would suggest that your son either himself or his solicitor writes a very polite letter to the mother's parents with a copy of the court order, pointing out that the court has said that he can have fortnightly contact with his son, and when can that restart.

If the mother's parents still refuse to allow him any contact with his son, then he can apply to court for the contact order to be enforced.

With regard to having his son come to live him, your son needs to apply for a residence order. If granted, teh resodence roder will state that your grabndson (named) is to live with his father (named) . It isn't automaric that court will agree to grant a residence order in favour of your son, because the court will look at what is best for the child, rather than assume that he will be best off with his father.

So your son will need to show that he has suitable accommodation available, that he is able to look after his son well, especialy given his special needs, and that his son would be happy with him. If the mother's parents challenge this, or were named as the child's guardians in her will, the court will have to decide whether your grandson would be better off with his father, or better of with the mother's parents.. It will certainly go against the mother's parents if they continue to refuse to allow your son any contact, as the family court is keen that children should have contact with a parent that they don't live with - unless there is very good reason why not.

Unfortunately there is no longer any legal aid for this type of application to court, but even so, I owudl stringly advise your son to get soem face-to-face legal advice from a solicitor, even if just to fill in the court forms, if he decides to go to court alone.

The court fee is £215 to apply for a residence order, and £215 to apply to enforce a contact order.

Your son will need form C100 for the residence order application, here:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-checklist-eng.pdf

and form C79 to enforce the contact order, here:-

http://www.familylaw.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
http://www.familylaw.co.uk/system/uploads/attachments/0000/2082/cb5.pdf

Here's where to find a specialist family law solicitor for some face-to-face legal advice & help with the forms at least:-

http://www.resolution.org.uk/findamember/

The fmaily court does now require the parties to have attempted mediation, before it will consider an application to court, so even if your son knows in advance that the mother's parents won't go, he needs to be able to show the court that he has tried mediation. Mediattion is a round-the-table discussion with a trained and neutral mediator who tries to help the parties to reach a fair and workable compromise.

Here's where to find a family law mediation service near to your son:

http://www.familymediationhelpline.co.uk/find-service.php

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

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