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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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How would I go about getting access to my grandson and if I

Resolved Question:

How would I go about getting access to my grandson and if I have to go to a solicitors to try and sort it is there legal aid avalible
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what contact have you had in the past
Why has contact broken down?
Clare
Customer: replied 3 years ago.
He as just turned 4 and until marriage broke up I had him twice a week picked him up from play group on a Tuesday had him till 5 or6 o'clock and then Sundays. Then it was dropped to a Sunday only when my son left the marriage one min she is saying she'd never stop him from seeing us the next breath she would say no your not having him we know it's because their marriage has ended she even tried getting his daddy sacked from work and has sent me nasty texes asking if I wanted a face reconstruction I have made a folder up of everything even photos of my grandsons birthday cake which was thrown on our drive with his cards and is know in my freezer as evidence if needed and lots moor
Expert:  Clare replied 3 years ago.
Hi
What contact does your son have with the child?
Clare
Customer: replied 3 years ago.
when they first split she got us to sign an agreement drawn up with her socail worker stating he could have visitation every sunday 12-4 at our house me to go and pick him up and then drop him back at 4 he could only take him to local park and not out of village which we did when i picked him up i gave her 70 pounds for his maintanance and that was fine for three weeks then she said she wanted the money on a friday so we did and then when it came to the sunday she was either late getting to were i picked him up from or shed start on on infront of the little one and then the sunday after his birthday she started with alot of verble abuse to me in the street and got her friends involved saying i wont giver her son back so i bent down and kissed the baby her freinds and teesing us driving by or walking by with him knowing we carnt talk to him and said nanna see you later and i came in he saw and heard everything and i wont even walk down the street because shes on here every day visiting and teesing us by driving or walking buy knowing we carnt even talk to him and stuff on face book which i have printed
Expert:  Clare replied 3 years ago.
Hi
Why are social services involved?
Clare
Customer: replied 3 years ago.
they got involved last year when she through him out she tryed getting him done for hiting the kids but that backfired because they through it out but still see her because of her daughter having time of school and problems with her daughter and other sons dad and her son not going out and being paranoud about other people and strainge places
Expert:  Clare replied 3 years ago.
Hi
When did you and your son last see the child?
Clare
Customer: replied 3 years ago.
theres not just me and my son theres is grandad and two uncles and a antie and we last sore him onthe 2nd of march on his birthday the following sunday was when she wouldnt let me take him and started being abusif in the street so i kissed him and said nana will see you later we see him from a distance every day because she only lives round the courner and drives by everyday somtimes twise as though shes taurnting us i want even go out unless my partner is wit me incase they start they can be so evil even said i need a face reconstruction and my sons have sex with me because its not natral for any family to be as close as wot we are
Expert:  Clare replied 3 years ago.
HI
I appreciate that there are many in the family who wish to spend time with the child
Does your son live with you?
Has he ever had the child overnight?
Clare
Customer: replied 3 years ago.
no he doesnt he as just got a flat from the council and no he hasnt had him overnight she wouldnt let him
Expert:  Clare replied 3 years ago.
Hi
Do you think he could manage him overnight?
Clare
Customer: replied 3 years ago.
i know he is more than capable that little man is his world and the little one wanted to stay with his daddy the last time we had him the baby sticks like clue to his dad they both cryed that day he left the army to be with them all he hated leaving the little one and when he was in irak and afganastan that was even hader
Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
The most effective move will be for your son to make the court application - and for you his family to share the contact that he has
He should try and discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk)
If that fails then he will have to apply for a Child Arrangement Order setting out what time the child spends with him
This will then be enforceable.
You could make your own application - although you need the permission of the court to do so, However you too need to try mediation first
You may find these websites useful although the government have not yet updates theirs to reflects the new name for Residence and Contact
http://theparentconnection.org.uk/
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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