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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My 2 year old son was at his pat grandparents for an overnight,

Customer Question

My 2 year old son was at his pat grandparents for an overnight, my partner and I had a row and now my partner and his parents are refusing to bring our son home. I have not agreed to this and my child has never been away from me for more than one night. We both have parental responsibilities and rights. My partner is away for work next week, if the grandparents don't return my child can I go and insist he is returned if his father is not there?
Submitted: 4 years ago.
Category: Family Law
Expert:  Stuart J replied 4 years ago.
Do you have a contact order in place?
Customer: replied 4 years ago.

no there are no orders. we both have parental responsibilities and rights. our son normally resides at home with us both but my partner is today refusing to bring our son home.

Expert:  Clare replied 4 years ago.
Hi
You are correct - whilst you cannot insist that the father returns the child - if only his parents are there then they cannot refuse to return the child to you since only you and your ex have Parental Responsibility.
In the event that your ex continues to refuse to return the child then you will need to apply to the Court for an Interim (emergency) residence order on Monday morning so that the police can help you recover the child.
If you are anxious in the mean time then you can ask the police to do a "safe and well check" to confirm that the baby is ok.
Claire

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