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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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I have a son, he,s 46. He has had a relationship with a woman

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I have a son, he,s 46. He has had a relationship with a woman for the last 10 years. They have lived together for some of that time and have 2 children a boy Daniel and a girl Isla. They lived in the peak district for four years until a break up last year around May.She accussed him of assault.....he pleaded guilty...on advice of the police,that if he pleaded innocent,and was found guilty,he would go to jail.My son said he did not physically attack Emma, but there was a bit of a tussle,so he says.My son is a painter/decorator but found little work in Whalley bridge,where they lived.He was going to leave anyway to find work in London.He had just finished a job but the woman had not paid him;she was going to post the money.So he was didn't have any money. The police arrested him, and eventually took him to Chesterfield station.We have not seen the grandchidlren since.Samuel has been forbidden to see the children too by law. Last new year he broke the agreement by trying to speak to his children at the New Year. His partner immediately informed the police and he was banned from seeing them for another 6 months. It seem that we , the grandparents are banned too. Is that true or fair? The family have also moved from Whalley Bridge. We don't where they are... yours faithfully Trevor & judith Davies. WE are both pensioners by the way.age 78 and 74. We do not have to say that we love our grandchildren beyond measure and they love us too, we know it........Do we have ant rights in this matter
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The Police and Criminal Courts cannot ban him or you from seeing the children
They can (and probably have) issues a restraining order banning your son form contacting his ex either himself or via anyone else other than a solicitor trying to deal with the issue of contact.
If your son does wish to pursue the issue of contact with the children then he can instruct a solicitor to start the process.
So fat as you as Grand parents are concerned whilst you have no automatic right to contact the court can order it if it is felt to be in the best interests of the children
If you wish to make the application you will need an enquiry agent to trace her address
Then you will need to try using Family mediation (www.familymediationhelpline.co.uk) to discuss starting contact
If that is not successful then you will have to make an application to the court for an order - and indeed for permission to apply for the order!
You must make it very clear that you are applying on behalf of yourselves alone
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for you letter. What a crazy thing the law is. You say they cannot ban my son from seeing the children or us.....yet a simple call on new years day,got my son arrested and put in prison. They came to our house on a saturday morning asked if my son was at home and barged in{ we were in pyjamas} and went to my son,s room and watched him get dressed.My son was taken away and spent the whole weekend in a cell. I,ve since been told they were not allowed to do that .Two young constables practicing..So they have banned him from seeing the children...unless he gets a soicitor to act for him.Ah I see, he has got pay for the privilege.That,s the law for you.

Expert:  Clare replied 3 years ago.
Hi
They have bot banned him from seeing the children - he is banned from contacting his ex because of the conviction of assault.
Had he used a solicitor for the criminal matter I suspect there would have been a very different outcome.
Clare
Customer: replied 3 years ago.

thank you for your letter.All my son wanted to do was speak to the children.....he could only do that via his girlfriend.All she had to do was call them to the phone. My son has used a solicitor now and is going through the process.Let,s hope they can work something out...I hope so we miss them every day.When they used to come and see us they had a holiday time...we took them to the parks etc .They didn,t go to bed too early...they were on holiday after all.But Emma ,his lady thought they were a bit unruly after the break.She is a wonderful mother and the children are a credit to her really.I just wish she lighten up a bit....

Expert:  Clare replied 3 years ago.
Hi
That is excellent news - if he follows the process he should get contact - if there is a problem then stand ready to make an application in your own right
Clare
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