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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2314
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My stepson and his wife are separated and our grand children

Resolved Question:

My stepson and his wife are separated and our grand children live with their mother but she will not let us see them, what rights do we have as grandparents to see them?
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. How old are the children? When did you last see them and what have the arrangements been previously?

Customer: replied 6 months ago.
Hi they are 7 and 4 years old we last saw them two weeks ago and no arrangements have been made, we try and see them when their father has them but if we want to see them at any other time she won't allow it, she also wont allow us to talk with them on the telephone
Expert:  Harris replied 6 months ago.

Are there any court orders regarding arrangements for your son?

Customer: replied 6 months ago.
no just the ones that he and his wife have arranged between themselves
Expert:  Harris replied 6 months ago.

Thanks for confirming. In England, the grandparents have no automatic rights regarding their grandchildren however the children have a right to a relationship with their extended family.

In the circumstances I would suggest that you make a referral to 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 initially for permission to apply (as you do not have parental responsibility) and if permission is granted a child arrangement order to see them 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: 2314
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 6 months ago.

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

My colleague has correctly explained the procedure

However please be aware that in general terms you are generally expected to see them when they are with their father - and if he is having problems with contact then it is better for

him to make the application

Only if he is disinterested and thus contact is erratic is an application worth pursuing

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