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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33005
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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Grandchild is with family. He is nearly 15 and we looked

Customer Question

Grandchild is with foster family. He is nearly 15 and we looked after him full time until a couple of years ago. He lived with another foster family then and we had reasonable access. He stayed for weekends and we took him on holiday. We have one had a letter from social services restricting our access to a few hours one a month. We would like to know how we stand legally
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. What are their reasons for the reduction in contact and were the previous arrangements limited to only weekends and holidays, or was there more in addition?

Customer: replied 4 months ago.
Reduction in contact was said to be because Cameron showed signs of anxiety when he came back. ( probably because he can't understand why he is unable to stay with us ). It means that we are unable to take him out for days as we used to because we have to get him back to Letchworth by 4 pm!The previous foster parents let us see him when we wanted, within reason and if they wanted a weekend away on their own we would have him.
Expert:  Harris replied 4 months ago.

Where are the parents and who has parental responsibility?

Customer: replied 4 months ago.
Father has remarried and lives in Hemel Hempstead. He has had parental responsibility since Cameron was 2. Him and his second wife have three children which we never see. He will only communicate with us via e mail.
Expert:  Harris replied 4 months ago.

What about the mother?

Customer: replied 4 months ago.
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Customer: replied 4 months ago.
She has no contact at all
Expert:  Harris replied 4 months ago.

Thank you for confirming. As there is no court order the child's placement is voluntary and only the parent's have parental responsibility so they still have the role of making major decisions in the child's upbringing, however as the child is in foster care, day to day decisions has been passed to the local authority and foster carer. They will need to carry out risk assessments in relation to contact with the child and any contact with the family must be in the child's best interests, so if it has a negative impact on him then they have a right to alter the arrangements.

However, if you feel that their decision is incorrect I would suggest that you write to the social worker and the team manager formally setting out your proposals for contact and why you feel it should return to the same level as before.

If they do not agree then you will be left with no choice but to pursue a court application - initially this will be for permission to apply for a child arrangement order, and if permission is granted then for a child arrangement order (to see the child), together with a £155 and £215 court fee (one for each application) to your local family court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 4 months ago.

My name is ***** ***** I have been a family lawyer for more than 30 years including dealing with care cases.

It would help in looking at the way forward if you confirm how your grandson came to be in Care.

Was a Care Order made?

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