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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My Granddaughter is 11 years old and her Mum makes it very

Customer Question

My Granddaughter is 11 years old and her Mum makes it very difficult for my and me to see her. This has got worse the older she has got. All she is interested in is the money. She has had a new partner for a couple years now and they have now bought a home together and it seems that she is settling down she does not want us in my granddaughters life. There has never been any legal agreements between my son and my granddaughters Mum. Is there something we can do to keep up the contact without the constant battles.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required:

-What arrangements have there been to date?

-Are you seeking information regarding arrangements for you or your son?

-Is he named on the birth certificate or were they married?

Customer: replied 1 year ago.
The previous arrangements where every other weekend and 1 night through the week and if and when she wanted to visitor we were going out some where. It seems to be that she is now settling down she wants to distance us.
For my son .
I have only found out recently that he is not on the birth certificate and no they were never married. They lived together for around about 2 years. They split when my granddaughter was about 18 months.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as a grandparent you do not have any automatic rights to contact with your grandchildren but your grandchildren 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 child'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, which it would likely be as you have had a history of arrangements and relationship, 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 and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Does my son have no rights either? Is this because of him not been on the birth certificate? Can we do a DNA test to put him on the birth certificate? So can I just clarify if my Granddaughter's Mum does not want me or my son to see her there is nothing we can do? She holds all the cards so to speak
Customer: replied 1 year ago.
Good Morning,I there something else I need to do for an answer to my above question from 09/09/2016 11.06Thank You
Expert:  Harris replied 1 year ago.

Apologies for the delay in responding. As he is not named on the birth certificate he does not have parental responsibility and therefore has no rights to be involved in major decisions regarding her upbringing. However, the child has a right to a relationship with him and he does not require parental responsibility in order to apply to court to seek arrangements to see her. This can be followed in accordance with the information given previously and above.