How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

my daughter is splitting up with her partener, they have a

Resolved Question:

my daughter is splitting up with her partener, they have a 3yr old daughter. does he have any rights as they are not married. He has spent the last two days in the pub all day and today wants to see my granddaughter. my daghter has said no but that he can see her at the weekend when she is not working and can be there with them so her daughter doent get up set.

My grandaughter goes too a childminder for two days if her father tries to collect her can she refuse to give her to him if her mother has stated that he is not to take her
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
is the father named on the Birth Certificate?
Why does she think his contact needs to be supervised?
Clare
Customer: replied 3 years ago.
I believe he is on the birth cert. He has been drinking heavily for past two days he is very angry about the split up at moment and she is worried that he will take her. Once things settle my daughter has no problems with him having contact
Expert:  Clare replied 3 years ago.
Hi
What contact does she intend to offer?
Clare
Customer: replied 3 years ago.
She is not stopping any reasonable contact. Ie week ends, school holidays . My daughter is being understanding on this and has told him he can see his daughter when ever he likes as long as he has not been drinking. She needs to know what rights does he have and can she protect her daughter from him picking her up from nursery without her permission. Whist he is still angry and drinking.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that since he has Parental Responsibility for the child he is indeed entitled to collect her from the child minder - the only person whose care he cannot remove her from is her mother
They need to discuss contact - including drinking and contact - with each other - possibly using family mediation (www.familymediationhelpline.co.uk)
If there is a real risk that he will indeed try and remove the child the your daughter will need to apply for a Residence Order - but before doing so it is worth trying mediation.
She can read more on the website here
http://theparentconnection.org.uk/
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you