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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Our daughter has stopped us from seeing our grand children.

Customer Question

Our daughter has stopped us from seeing our grand children. They are 8 & 3
Because she is a single parent we have been there for both boys since the day they were born. We have been the one stable relationship in their lives.
She recently got a new boyfriend (10 years older than her). Her behaviour changed.
We have only met him properly once.
For some reason he has my husbands phone number and everything they have an argument (usually after drinking with the children watching) he sends my husband long text messages slating my daughter.
He has told us on several occasions that she is driving drunk (not the word he uses) and has driven off with the children.
He has even phoned us at 2am to say she as had an accident, which was not true.
We have tried to ignore them even though he as told us several times that the Police have been involved.
A week last Sunday it came to an head. The text (which I have printed off), states that she had just drunk a bottle of whisky and driven off. The children were in the car, they were cold and Hungary. She drove a qtr of a mile and he followed her. He says the kids were screaming and the eldest one could not wake his mum up (This is a short versionof the text).
She called my son out of work at 11am to go get her. He took his friend with him cos my son does not drive. His friend drove to where my daughter and boyfriend were which is about an hour away and we're appalled by the state of her. They parked her car up properly, and got her and the children into the car and drove back to Leeds. They had to stop 4 times for her to be ill. Because of the state of her I had the children overnight and took the eldest to school.
I asked the school for help, they have slightly twisted my words and informed Social Services.
I was concerned for their safety (daughter and grandchildren) in case it happens again
My daughter found out and was obviously upset but was still talking to us.
On Wed morning we received a text from her boyfriend (they do not live together), saying we could not see our grandchildren because of our actions. He said if we try to make contact with them that further action would be taken against us for that and our malicious lies.
Social services are going to set up a mediation meeting but he is going to be present. Is this the best way forward or would the legal route of mediation be better ?
Other family members are in full support of what we have done
I am at my wits end. We have done everything for our Grandchildren and I know they love to see us.
Thank you for any advice you can give
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. What further action or investigations have social services undertaken regarding the incidents you have outlined?

Customer: replied 1 month ago.
I think they have closed the case due to insufficient evidence. They said that the text messages are not proof and dont even want to look at them but they slate my daughter and constantly say driving them kids again or that the police have taken them home. This is not an issue to social services.
Expert:  Harris replied 1 month ago.

Thank you. What involvement does their biological father have?

Customer: replied 1 month ago.
The older ones dad lives in Oxfordshire. We have a good relationship with his other grandma. The younger one has no contact.
We think it is her boyfriend who wont let us see the kids. He seems to have control over her
Expert:  Harris replied 1 month ago.

Thanks for confirming. Firstly, as you are grandparents you do not have parental responsibility and have no automatic right to apply to court regarding any arrangements for the children. However, you are entitled to apply for permission initially, and you need to demonstrate what relationship you have with the children and if this is a strong and consistent relationship you will likely be granted permission. Thereafter you can apply for a child arrangement orer for where the children should live or who they should see (ie. a contact or residence order). 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

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 your question without a positive rating. Thank you,

Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 1 month ago.
My question remains unanswered. The info ylu have given me was widely available on the net. I wanted to know if it was worthwhile taking the legal route. I feel I have wasted £36 on info I already had
Expert:  Harris replied 1 month ago.

Apologies for that, but I was not aware whether you had sought or received any information and it is always helpful to have this provided to you.

Given that you have had a long relationship with the children it is in their interest that this continues and as contact has stopped, if it cannot restart through negotiations or mediation you should consider applying to court as (based on the information you have provided) you would likely have good prospects and if an order is granted it will be enforceable if breached.

I hope this assists you further. 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 your question without a positive rating. Thank you

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