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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2824
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We are the paternal grandparents of a 4 year old boy and an

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We are the paternal grandparents of a 4 year old boy and an 18 month old boy. My ex daughter in law looks after them. She recently stopped my son from bringing them over to see us making the 4 year old stand in front of them all and say he didn't want to go to Grandma and Granddad's. Consequently we haven't seen them for 2 months now. I have spoken to the Mediation Service who seemed quite positive about our rights to being able to see the children, but now I've been reading on this website that it doesn't look as though we have any rights at all. Can you clarify the position please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Unfortunately, under English law grandparents have no automatic rights to see their grandchildren. However, the children will have rights to a relationship with their extended family which can only be reasonably restricted if there are welfare concerns. If you have built a good relationship and had continued and consistent contact with them then you will have a good case for there to be an order for arrangements to see them.

Initially the negotiations should be done through an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime 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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2824
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

The other option is for your son to take action.

When his child is in his care it is for him to decide where they go and who they see.

If his ex does not accept this the he can apply for a Child Arrangement Order setting out the time the child spends with him - which will allow him to bring the child to you