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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1191
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can I really with my grandson as the mother doesn't

Customer Question

Can I really for contact with my grandson as the mother doesn't comply with the contact order that my son has in place again because she doesn't take any notice of what the judge or cafcas says
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Thank you for your question. I am a solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing with the mother of your grandchild.
If you already have a court order confirming that you are able to spend time with your grandchild then the correct process is for you to return matters back to court to seek enforcement of the court order. The courts do have power to order unpaid work, compensation or even review any position in relation to residence.
It does sound like Cafcass and the Judge are supportive of you spending time with your Grandchild.
It is true that courts are unwilling sometimes to penalise, but if the mother is continually flaunting the court will listen and eventually penalise.
Perhaps she's hoping that you will just give in? You should persist.
You could also ask the Court to consider making a Family Assistance Order. This is were Cafcass can befriend the child and also work with the adults to try and promote the relationship.
Kind Regards
Caroline
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Customer: replied 2 years ago.

The order that my son has is actually a enforcement order but getting him to go back into court is hard as he feels no one is listening to what he says this is why if I could do it I would

Expert:  ukfamilysolicitor replied 2 years ago.
Good morning
It really does need to be your sons application again - the courts will start to listen if she is continually flaunting the same.
You can make your own application but you would also need to go to mediation first and ask permission of the court - but if she's ignoring his then she'll likely ignore yours.
The court needs to know that she still isn't complying.
Kind Regards
Caroline