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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4518
Experience:  LLB (Hons)
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I’m a grandmother too a 5 year old, I helped rear her for 3

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I’m a grandmother too a 5 year old , I helped rear her for 3 years as my son walked away as a engineer for the American army . He’s back home now as my grandaughters mummy died . My son as a new partner now and as stopped my grandaughter from seeing us .what rights have I ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I can find out location ,, I live in manchrster England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: only she had a stable up bringing with us , a room of her own , supporting family , since her mum died my son as taken her away from us all , she as no stability ,, My son as only met his new partner 7 months and my grandaughters had to up route her life with us ,

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Did your granddaughter actually live with you? If not, how often did she spend with you each week? Was this from birth? When did the contact stop?

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Customer: replied 15 days ago.
Hi Lea , my grandaughter lived with her daddy fir the first two years of life , then her grandad took on sole responsibility taking her to school etc , I helped ( we are divorced by the way ) every weekend , school holidays , and grandad shared the well-being of her with me ,, This was for the last 3 years . She had a stable routine , whilst her dad was working away .The contact as declined in the last 6 months , although we see her now only every other weekend ,, My son now wants to stop contact altogether , my grandaughter as been up routed , but into a new school and lives with a new woman my son as moved in with .it’s all happened so quickly for my granddaughter the change just wandering if we can keep it as normal for her as possible, as she’s just lost her mummy to illness and is grieving

Unfortunately in England grandparents do not have any automatic rights, and therefore you cannot force your son to allow you tp spend time with your granddaughter without going to court - and if you decide to go to court, you will first need to seek the court's permission to make the application. I think that you would easily get over the hurdle of gaining permission because you have had an ongoing, involved, relationship with your grandchild since the beginning, and therefore the court would give you permission to make an application for a child arrangements order to spend time with the child.

As you currently have every other weekend, that would likely be endorsed by the court as in the child's best interests, unless there was evidence put to the court that doing so would be detrimental in some way to the child. In other words, it will be very much fact specific based on the child's circumstances and best interests.

Before applying to court, you will need to attend mediation - which is the best way to try to resolve things if you and the father cannot agree. Mediation is less stressful than court and with any luck an agreement can be reached for the child's sake as clearly having her grandparents involved is important. However, if it does not work, or the father refuses, then the mediator will sign your C100 application to court for a child arrangements order.

You will need to ensure you pay particular attention to section 5 of the form where it asks if you need permission as you will need to tick that you do and explain why. The court will deal with that part of the application first. The rest of the form asks what you are applying for - and the court will deal with that part once it has given you permission.

Cost to apply is £215, unless you are on a low income/benefits, in which case you may be eligible for fee remission. See the forms and how to find a mediator at the links below.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954471/c2-eng.pdf

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