Grandparents rights

dissy

Hi
I would like to know what rights grandparents have if there child has died leaving grandchildren
A member of my family died 3 years ago, they were married and had 3 children.
Father has recently married and since the new partner moved in they have made it very difficult for the grandparents to see the children.
They have seeked some legal advice and the solicitor said "No rights at all"
I am surprised by this considering the circumstances.
The eldest child left home months ago so she is still seeing her nan and gramp.
Its not just the grandparents that have been cut off its all the mums relatives.
They have only seen the children a handfull of times since last August and only for 2 hours at a time
All communication has broken down as he kept promising them the children could go and see them and then would ring them up and say they were to busy.
Prior to him finding a new partner they were seeing the children daily.
Has anyone any experience on this.
Thanks

Emmzi

the question is "what rights do the children have" as actually their needs are most important.

Your solicitor is correct so it is more about how could you arrange a compromise.

How old are the children?

dissy

They are 14 and 10

Mojisola

Considering their ages - their opinions would be taken into account - and the fact that the contact was previously daily, I would have thought a court would look on this quite positively.

If the grandparents can't do it, could the children go to court to ask for contact to be maintained. Perhaps the eldest child could help with this.

dissy

So can the grandparents go directly to the courts to apply for access?

Mojisola

dissy wrote: »

So can the grandparents go directly to the courts to apply for access?

I think you can now but you may be asked to go through mediation first.

Have a look at this charity - https://www.grandparents-association.org.uk/

daska

It's a bit convoluted, you have to apply for permission to apply for contact. It is worth going to the court and asking the clerks for help, I found them very informative and patient during the residency case for DSD. N.B. It may help, when you make the application for contact, if you can demonstrate how much contact you previously had and that you have attempted to continue contact. The charity Mojisola has put a link to has model letters you can use in an effort to re-start contact before you approach the court. Good luck!

Ada_Doom

Yes, do approach the court directly, the process is fairly straight forwrd. And as someone else has said, given the age of the kids their views will be taken into account.

Savvy_Sue

It is difficult, because maybe the stepmum was feeling a bit threatened and pushed out by this daily contact and would like to change patterns and routines. Has a direct question been asked about making regular arrangements to see the children? Do they live near enough that they could get to and from grandparents house under their own steam?

BitterAndTwisted

I wouldn't be thinking about rights straight away. There is always a way to contact children of that age. I'd start by writing letters telling the kids how much they are missed and how much everyone would like to see them. Even if kids of that age can't be ferried about by their parent/step-parent there are trains and buses which can be paid for. How far away are these children from their mother's family?

McKneff

Has there been tension/arguments between the stepmum and the grandparents.

Some mediation/common sense should be applied first before going the legal route. That was could possibly cause even more tension.

Try and get the father to mediate or is he part of the problem.