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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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the maternal grandparents gained custody of my grand daughter

Customer Question

the maternal grandparents gained custody of my grand daughter after the mother died in a fire. The grand dughters mother left my son for someone else about six to nine months after giving birth. My son comes up regularly to visit and he stays with me as I am in proximity to where she lives. He has limited access andthe child,now 10 has never stayed overnight with him or been able to travel with him to meet our family. My daughter is coming for a visit from USA in July and I have asked the maternal grand mother if my grand daughter can stay with me for a few days and get to know her cousins and go on day trips with us. She lives in yorkshire but a there and back drive takes 2 hours so 4 hrs for a day visit. The paternal grandmother is not committing herself to my invitation says I will have to thinkabout it and get back to you which she hasn't done. I feel right in my request and the grand daughter can enjoy getting to know her new found family. Do I have any recourse?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but need some further information first.
What contact does your son actually have with the child and has he considered asking for more?
Customer: replied 4 years ago.

he comes up once a month usually stays 2 - 3 days and sees her all day or picks her up after school, they go swimming and to the park, she does art and craft work with me (i am artist) She helps to bake and cook simple meals and walks my dog with me and her dad. She has had her paintings hung in school art gallery which she did here and won prize for craftwork (scarecrow) competition. She is not allowed to cook at home my son has asked for access visits to take her to his home in Brighton and not had any response should he seek court action?

Customer: replied 4 years ago.

you havent given an anwer yet?????

Expert:  Clare replied 4 years ago.

Hi The law says that a child is entitled to regular contact with his or her parent - and unless there is a good reason why overnight contact would not be appropriate then I would have expected staying contact in the school holidays if not at weekends (and indeed there would be no reasin why there could not be staying contact at the weekends if she stays with you!) The starting point is for your son to discuss matters with the grandparents using Family mediation ( but if that fails then he can apply to the court for a defined contact order. This is done by applying to the Family Court using a Form C100 available here and paying the fee of £200. I hope that this is of assistance - please ask if you need further information Claire