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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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Can a mother stop the father from taking the children to see

Customer Question

Can a mother stop the father from taking the children to see their cousins and uncles/aunts?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, she can't, unless there is a court order in place which says that this is not to happen.
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Customer: replied 2 years ago.

Thank you for this information. Is this the situation in the UK?

cousins and uncles/aunts are currently in contact only every few months for a few hours

If the mother applies for a divorce is a court order for the mother to deny access for the children to a see cousins etc likely to be granted on this basis? The mother's main objection is that she doesn't like the aunts/uncles.

Expert:  JGM replied 2 years ago.
Yes, I am a solicitor in the UK.
If the only objection is that the mother doesn't like the relatives, no court order prohibiting contact will be granted. The mother would have to establish with evidence that the contact with the family would be detrimental to and not in the children's best interests.
Customer: replied 2 years ago.

Thank you.

in which case, do the uncles/aunts/cousins have nay rights to see their nephews/nieces and to prevent the mother from speaking badly of the children's relatives to inlfuence their opinion and turn them against their relatives?

Expert:  JGM replied 2 years ago.
No, it is the people with parental responsibilities that have rights and obligations. The wider family do not have such rights. They get to see the children through the grace and favour of the parents, in this case the father.
Customer: replied 2 years ago.

sorry but could you clarify the second point as to whether the relatives can prevent the mother from speaking badly about them?

Expert:  JGM replied 2 years ago.
They could writ a letter or better still have their solicitor do so. They could take defamation. Proceedings in court but they would have to pay a lot of money to do that.