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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4132
Experience:  Barrister at law
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My Grandson separated from his partner and their son of 24

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My Grandson separated from his partner and their son of 24 months [MY GREAT GRANDSON] 3 or 4 months ago.
The boy has remained with the mother in their home since the separation and my grandson moved back with his own father..
It was agreed on the advice of mediation I believe that my Grandson had access to his son on one day per week since the separation.
This was mutually agreed verbally by the parents that so long as my grandson paid the weekly maintenance to the mother regularly this agreement would be honoured.
Up until last week this arrangement was working well and my great grandson visited and mixed with my family along with his father.
Unfortunately my grandson foolishly paid maintenance to the mother for the next 12 months in advance as he wanted to ensure he kept access to is son while he could afford the maintenance.
The mother has now blocked my grandson from seeing his son and refused to communicate with other members of my family or allow them to see the boy.Is this a matter for the COURTS to resolve or the adoption society as the mother is proving unfit to provide a stable home for her young son?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Your grandson will have to apply to court if access is being refused. As you say it was perhaps foolish to pay up front, but there is also a common misconception that contact is related to maintenance payments - it's absolutely not, the two are separate issues legally.

He has to go to mediation first, he will need to contact a local family mediator first before applying and he can do that here: http://www.familymediationcouncil.org.uk

The mediator will do an assessment which is usually around £30 and then recommend a few follow up sessions. They should be able to tell him if he qualifies for legal aid.

If the MIAM does not work he will need to go to court. This will require him to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://courttribunalfinder.service.gov.uk/search/

The application will cost £215.

He can possibly get a fee exemption if he is on low income/have low savings. He would need to fill out a fee exemption form (http://www.gov.uk/get-help-with-court-fees)

 

Can I clarify anything for you?

plclegal, Barrister
Category: Family Law
Satisfied Customers: 4132
Experience: Barrister at law
plclegal and 4 other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
thank you so much for your excellent guidance
I will check for more details with my grandson and his sister regardin the circumstances of how this matter became a problem
I appreciate your clarity
If any other question arises on this matter I will be more than happy to request your services again
many thanks on behalf of ALL my family including my great grandson
Mike Bancroft