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Grandparent's rights

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grand-pops | 17:34 Thu 16th Aug 2007 | Law
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my son is divorced and his ex wife is denying both him and us access to his son. I understand that we, as grandparents, can apply to the court to commence legal proceedings, but could you tell me what forms we need and how much it costs to register them with the court? Also my husband is retired so would he qualify for legal aid?

Thanks
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Not an answer I'm afraid, just a small word of support - it is sickening when a parent, usually the mother as they generally get custody, use children in this manner: she is deliberately trying to hurt your son and you, but (possibly more importantly) she is also hurting the children.

It stinks.

Best of luck.
You need legal advice on this one. All solicitors will give you a free initial 30 minute appointment and this wil hopefully point you in the right direction. You could also contact the Citizens Advice Bureau for free legal advice. Good luck.
Sadly it is very difficult for grandparents to get contact rights with their grandchildren.

You can apply to the courts for a contact order but even if you are successful, enforcing it is nearly impossible.

The remedy available to the courts is to imprison the mother, and understandably the courts are reluctant to do that.

This is a good site for advice about legal help you may be entitled to:

http://www.adviceguide.org.uk/nm/index/your_ri ghts/legal_system/help_with_legal_costs.htm#le gal_aid
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thanks for your reply and support.
The stress his ex has placed upon my son is unbelievable - he's even threatened suicide and has gone into a deep depression. His ex has always influenced his son and tells him what to do and how to think e.g. we have 2 dogs and when my grandson first visited us he loved them, however the next time he said 'mummy says I don't like dogs and can't go near them', yet he is allowed to go near his ex's parent's dog. Also when I once collected him with my son I asked him for a kiss when he got in the car; he looked over at his mother and sheepishly said 'no' yet as soon as we got around the corner he gave me a kiss. It's as if he's afraid to show us any affection in front of his mother for fear of retribution. My son is distraught because he believes his ex is turning his son against him. When speaking to him on the phone he asked his son if he wanted to see his daddy and his son asked his mother what the answer was! My grandson always used to end his phone conversations with his daddy with 'bye daddy I love you' now he just says 'bye' and my son thinks he hates him. My son has tried to be amicable with his ex and tried to avoid going through the courts because of the effect it would have on his son, despite me advising him to make it formal through a solicitor. My son has now been forced to do this but I don't know if his sanity will last long enough for the process to be completed, therefore I've decided to try and get access myself as well.

Will let you know how I get on - if at all.
The mother is being both cruel and very very stupid in a number of ways, but you must look on the positive side which is that this situation *will* change. The little boy (he sounds young) will decide long before any 'legal' age that he wants to see his dad, and if he can he will jump on a bus or whatever and do it ! So take heart from that.

You will already know that your son can get full and enforceable rights to see his son, the problem is if his ex decides not to play ball - but she will eventually, the little boy himself won't stand for it in the long term.

Good luck, but there is light at the end of the tunnel.
Dont give up it is so hard at the moment I have been in the same position had to see a solicitor, cost a bit of money went to mediation and now I see them once a week for tea, which is not great but a least I see them. It is the same with my eldest granddaughter she is frightened to say anything in case she gets in trouble from her mum. It was awful going to mediation and having to agree to what they said but I would do anything to see my granddaughters. It has made me so ill.
Hope it all works out for you.

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