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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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My grandson lives with s father now because my daughter is

Resolved Question:

My grandson lives with his father now because my daughter is trying to sort herself out..I only found this out a week ago..The father of my grandson won't let me see him. We have a very volitile relationship..He hates me and although i am not rude to him,don't like him.He told my daughter i'm never going to see my grandson again,unless my daughter picks him up and brings him to see me..My daughter now lives in Scotland.My grandson lives about 25mins drive from me.. I am heart broken...What are my rights regarding this?I haven't got alot of money so i don't want this to be a lenghty court battle...All i want to do is be in my grandsons life..
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is your grandson and how often did you see him before the move?

Customer: replied 1 year ago.
He is 3..4 in Sept..I use to see him at least 3 times a week...I use to pick him up from playschool twice a week
Customer: replied 1 year ago.
Hello,are you there?
Expert:  Clare replied 1 year ago.

How often does the child see his mother?

Customer: replied 1 year ago.
Since April only on the phone..Facetime...
Customer: replied 1 year ago.
5 out of 7 days she gets to do this.
Customer: replied 1 year ago.
sorry you keep going away...are you still there?
Customer: replied 1 year ago.
Hi Claire..Im getting a bit worried now because i havent heard nothing from you in a while...Do i need to do anything else or have i just got to wait for you to reply...They have taken my money..Thank you
Expert:  Clare replied 1 year ago.

My apologies - I am having computer issues.

May I ask why your daughter felt she shoudl do this (it is important)

Customer: replied 1 year ago.
To answer your question about why my daughter felt she should do this.....All she told me after weeks of lying to me,she is suffering from mental health issues and she felt she couldnt give the love and support my grandson needed..So she went to a solicitor with the father to sign a paper stating the father has my grandson living with him for a year so that my daughter could sort herself out...After that,she could have him living with her in Scotland...
Expert:  Clare replied 1 year ago.

I see

I have to be honest - it is going to be difficult for her to het the child back after a year - no court would order it.

The problem that you face is that grandparents have no automatic right to contact - indeed they need to ask the court for permission to even apply for an Order.

However the courts will look at the interests of the child - and the need to continue any strong relationships that he has developed.

Clearly you and he have had a strong relationship in the past and accordingly I would expect the Court to grant you an Order for Contact - especially as he is not having face to face contact with his mother.

You would need to be aware that it will not be as much contact as before - but that does not mean that it is not worth the effort.

Your starting point is to attend a Mediation Information and Assessment meeting with a local Family Mediator - this is compulsory.

If mediation is not successful you can then apply to the court for a Child Arrangement Order setting out the time the child will spend with you.

Please ask if you need further details

Customer: replied 1 year ago.
How do i set up a mediation information and assessment meeting?When he won't even answer my calls>
Expert:  Clare replied 1 year ago.

You contact the Family Mediator and attend the MIAM - the mediator will write to him

Clare and other Family Law Specialists are ready to help you