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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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 son and his girlfiend at the time had a son 9 years ago

Customer Question

my son and his girlfiend at the time had a son 9 years ago my grandson dylan. they were not together long but we had an arrangement with the mother for dylan to stay at our house (grandparents) every other weekend with dad and us ,dylan also went on hols with us the grandparents every year for 5 years .basically he was very much part of our family life for 9 years. recently the mother met and moved away with a new partner taking dylan with her .we thought we would be able to stay in contact with with our grandson but she suddenly turned on us out of the blue using the fathers personal problems as excuse and decided to cut all contacts with our family.we have had family photos on facebook for years with dylan and now she has told us she would like them all removed otherwise she will sue us .
1.can she make us remove existing hundreds of photos of family and dylan
2.can she sue us if we dont remove them
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist but I need some further information first.
Is your son named on the birth certificate and when did you last see your grandchild?
What reason is she giving for stopping contact?
Claire
Customer: replied 3 years ago.

yes he is named as father may 2003


we have not seen him for a year since his last birthday


she claimed the father has not been a good role model for her son and that he takes recreational drugs and she no longer wishes him to be associated or bought up around him


we can understand that situation with the father .


But to severe all links to his extended family has been hard to take and now requesting the removal of face book photos of her son if not she will sue us.


seems she would like to erase all of us from her and grandsons past.

Customer: replied 3 years ago.

hi do i have to pay more or am i still able to get an answer ? thanks

Customer: replied 3 years ago.

hi claire i did not get an answer have i still got a reply to come ?

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay.
Since your son has Parental Responsibility for his son by virtue of being named on the Birth Certificate and accordingly he can give permission for you to use the photographs of his son.
If the mother wishes to have the photographs removed she would then have to apply to the Court for a Specific Issue Order and explain to the Court why she wishes this to happen.
In addition you may wish to consider the fact that whilst grandparents have no automatic right the contact you can ask the court for permission to apply for a Contact Order bearing in mind the close relationship that you had with the child.
Indeed you have an excellent chance of succeeding
You can read more about this here
http://www.hartnellchanot.co.uk/grandparents/what-are-grandparents-rights/
I hope this is of assistance - please feel free to ask for further clarification or information, and my apologies again for the delay.
Claire
Customer: replied 3 years ago.

hi Claire ,thanks for the reply ,i have a question regarding parental responsibility i am sure i read somewhere the law with unmarried fathers was that they have no automatic parental responsibility if the child was born before Dec 2003 when a new law was passed attaching it automatically.



going down the route of a contact order is something we would find difficult to do as we have let it go on on a year, it would probably be very stressful for our grandson as he almost certainly will be settled in his new life and memories of us will have faded ,as much as it hurts and we grieve for him we would not like to upset him now ,but thanks for bringing the option to our attention we may still use it if she continues to try and wipe all our connections to him.

Expert:  Clare replied 3 years ago.
Hi
My apologies - I misread the date that you gave - I think new glasses may be called for
You are correct your son does not have Parental Responsibility - which does not mean he would not be granted it if he applied for it.
This means that he cannot give permission for the photos to be on the site HOWEVER this does not mean that the mother will be able to force you to remove them.
I assume that the child is not "tagged" in any of them - if he is remove it.
Equally I assume that these were placed on line in the years when you were having regular contact and the mother did not object
On that basis his mother may well struggle to persuade a court that they need to be removed - and of course if she started the proceedings you may feel that this would be an opportunity to apply for contact
I woudl suggest that you write back to the mother and invite her to discuss this issue and contact with you using Family Mediation.
I hope that this assist - my apologies for the confusion (I see spec savers in my immediate future)
Claire

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