Does my friend have a case to see her grandchildren in court? | LawHive - Solicitors & Lawyers Online
Does my friend have a case to see her grandchildren in court?
Hi everyone, I am hoping you can help my friend with a very delicate situation. My friend lost her husband to Covid suddenly. He was fit and healthy 55 year old, with no health issues. On Christmas Day last year he tested positive for Covid, he collapsed on Boxing Day, taken by ambulance to hospital, and died 3 weeks later. The trauma of the situation has had a detrimental affect on my friend. She has tried to commit suicide and wants to end her life. What advice do I need? Before her husband passed, she had a fall out with both her boys who she was very close to. She also has grandchildren whom she saw nearly everyday. Since her husbands passing, her sons will not allow her to see her grandchildren, partly the fault of the wives (who have caused the rift in the first place), but I don’t want to get into those details as that’s a family feud. What I want to know is does she have a case she can submit to the courts to see her grandchildren? She is lost without them. She’s lost her husband, her two boys, and on top of all that, she has no access to her grandchildren. She’s currently not working as she is in no mental state to work, so would she be entitled to legal aide? She’s worked her whole life, until now. Your advice on this matter would be gratefully appreciated. Many thanks.


10th March 2022

Top Answer
Non practising qualified. What a very sad situation. There is a lot of info on this link which may be helpful for your friend https:// for-kinship-care rs/ advice-and-suppo rt/ legal-options/ child-arrangemen ts-orders/ lost-touch-with- grandchildren/ As the link says, a child arrangements order can be sought from the court as a last resort. Unfortunately legal aid is not available for the family court except where there has been domestic abuse but legal aid may be available for family mediation, depending on your friend's overall financial position. Family mediation should usually be attempted prior to the issue of an application to the family court.

Carol Lewis

10th March 2022

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