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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4502
Experience:  LLB (Hons)
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My sons ex keeps stopping me from seeing my granddaughter. I

Customer Question

My sons ex keeps stopping me from seeing my granddaughter. I have been involved with her since she was 10 days old. Is there anything I can do? My granddaughter contacted me in secret a few weeks ago. She is now 10.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing legal. She let's me see her and than stops all contact. The stepfather has a lot to do with it.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Gloucestershir
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My granddaughter has no contact with her father. That is agreed by all as he has mental health issues. Ex says if I pursue this through the court she will make sure I only have supervised visitation. I have reached a point that that's better than no contact. My granddaughter has stayed over my house Had play days. I even took her mother and brother away on holiday with us.
Submitted: 20 days ago.
Category: Law
Expert:  SASH_Law replied 20 days ago.

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. The first thing you have to do before you can apply to court is to try mediation - or at the very least a MIAM (first mediation session) as there is a legal requirement for you to do this prior to applying to court. If mediation takes place and is successful, all good, if not, or if the mother refuses to engage, then the mediator will sign your C100 application form and you will be able to apply to court.

Now there is an additional step as you are a grandparent and therefore do not have automatic rights to make an application to court, and you need permission from the court to apply. Section 5 of the C100 form asks you if you require permission, so you will need to fill that in and the relevant other sections explaining why you want permission.

The C100 costs £215, or if you are on a low income/benefits you may be eligible for fee remission. I have linked to where to find a mediator, and the forms, below.

It is highly unlikely, unless there are safeguarding issues, that the court will order supervised contact. You appear to have had a very good relationship with your granddaughter since birth and the court will want to encourage that in the best interests of the child. At 10 years of age, her wishes and feelings will be sought via a CAFCASS officer (social worker) and whilst not determinative, the court will certainly be interested to know that she wants to see you and this will be a positive to the decision making.

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

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