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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Hi my partners daughter has had her child taken by social services

Customer Question

Hi my partners daughter has had her child taken by social services due to mental health issues, in our opinion the right thing to do, we suppported social services and the granchild has been place with his father, my partner wants to have access to her grandson but it has been frowned upon as they seem to think its a way of the mother getting further contact, this is not the case, my partner wants access and her daughter will not be allowed to see her son un supervised, does she stand a chance in court ???regards carl
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.

Who is opposed to this? Soc Serv?

What are pprobs Who wants contact? Yr partner or the mother?

How much contact has yr partner had until now? What does the father think?

Customer: replied 5 years ago.

ok its a bit long winded but i will try my best , demi is olivers mother, yvonne is my partner and demis mother, oliver was taken in to care almost a year ago due to mental health issues, social services approached us to do an assessment to see if we were suitable candidates to take care of oliver, we passed, that said we stated that should the father been deemed as responsible its only fair and right that he should go to his father.


As demi was so young yvonne has financially supported demi since giving birth to oliver, she clothed and pretty much gave the child everything he needed with no input from the father.


Because demi has mental health issues her contact is supervised, yvonne is allowed to see oliver when demi has contact.


Yvonne has done nothing wrong so why should she have to be supervised.


We informed social services 3 weeks ago in a meeting with cafcass that Yvonne was going for access to see Oliver every other weekend, in court social services lied and denied all knowledge, Yvonne was told to get legal advice before making an application as this would be looked at as if demi was trying to get further contact via her mother.


The way social services have conducted themselves is sly and devious to say the least, that is not an anti social services opinion as we believe due to demis mental health they had made the right decision but why should the grandmother be punished ?? especially when she has been the only support the child has had.


We feel that the father and his mother may try and stop this, what are your thoughts





Expert:  James Mather replied 5 years ago.

There are obviously two issues here. The first one
of the mothers supervised contact which, unless she is actually a danger to the
children is likely to be granted.

The second one is that of
grandparents contact.

Grandparents have no right of access or contact unless there is
some kind of existing strong relationship such as a grandparent has been a carer for some time. The courts wont grant a right automatically.

This explains

because of what you say in the second paragraph above, it would
appear that your partner, Yvonne, would stand an extremely good chance of
getting contact.

I understand completely and degree that there is no reason why,
based upon the history you have given, why Yvonne should have to be supervised.
In this that respect, she could easily undertake to the court, not to let the
natural mother have contact when Yvonne has contact.

From time to time, depending on who you are dealing with, social
services can either be friends or enemies. Since baby P, they seem to think
(often) that everyone who walks down the street is a risk to every child that
has ever been born! If you scold the child for doing something which it should
not have done, you are immediately child beater!!

Under these circumstances, it is unlikely that the court is going
to take much notice of the mother, who is herself only allowed supervised

The father on the other hand, who appears to have had residence
thrust upon him I would have thought would have actually been in favour of Yvonne
having as much contact as possible.

I don't know what objection, he can have.

As I said earlier, your comments that Yvonne has been the only
support the child has had and your earlier comment that initially social
services approached you, and you pass their various checks (but now they seem
to have taken a different view) and the fact that you supported, and clothed
the child, assists you, depending of course on what period that related to.

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