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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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Hi My son has a 3 yr old son we were having him thurs afternoon

Resolved Question:

Hi My son has a 3 yr old son we were having him thurs afternoon until Monday night every week ,he was going to nursery all day fri and mon afternoon in Worthing were we live .His mother has now put him in nursery in brighton were she lives on these days so now restricting the days my son has him .
My son lives with us and we are the grandparants .
Is there anything my son can do to get the access back to what it was ,my son is devastated .We believe she is doing this in response to CSA decision that my son only has to give her £20 a week when he was giving her £50 of his on free will.
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.
what discussions had happened about where the child would eventually go to school?
Does your son still have him Friday until monday?
Clare
Customer: replied 3 years ago.

Hi Clare

Thanks for the reply ,my sons ex lived with us for 3yrs then moved out in Jan after her and my son split up . Everything was fine at first we were having him thurs afternoon until Mon afternoon or Tuesday morn depending on what shifts my son was working .She changed my grandson nursery times to Friday afternoon and all Monday over here in Worthing were he is funded by West Sussex council at Little Elms Nursery until September

My son met someone else,that is when things changed .She also has another boy friend.

She started making us wait up to 3 hrs when we went over to Brighton to pick him up and sending very nasty texts and putting things on facebook.

 

She told my son he was going to playschool over in Brighton but on the days she had him .There was no discussion what so ever.

My son was told Wednesday that the situation had changed and he was going to nursery in Brighton on Mondays and Fridays.

 

Today she has told my son that he cannot have him this weekend ,she told my son that she is the legal guardian and she can do whatever she wants and we have to dance to her tune.

 

regards Shaun

Expert:  Clare replied 3 years ago.
Hi
Is your son named on the Birth Certificate?
Clare
Customer: replied 3 years ago.

Hi Clare

Yes he is
Expert:  Clare replied 3 years ago.
Hi
Then he has Parental Responsibility for his Son in the same way as the mother does and neither of them has more right to determine anything.
He and his ex need to agree what the arrangements for the child should be and how his care should be shared between them
It is perfectly understandable that his mother should wish to have a weekend with him and equally when he starts school he will need to do so in one place so there does have to be a discussion about how this can be accommodated. Fortunately the distance is not so great that collecting on a Friday and returning to school on a monday is beyond possibility - and equally mid week overnight contact could be possible.
They need to discuss this using Family mediation (www.familymediationhhelpline.co.uk)
If his ex will not be reasonable then he can apply to the Court for a Child Arrangement Order so that the court can decide the matter - you can read more here
http://theparentconnection.org.uk/
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare
Have taken your advice on board and my son has had a discussion with her , it seems it was the money that the CSA where going to give her . My son has offered her more money and that has sorted the problem .

Many thanks shaun
Expert:  Clare replied 3 years ago.
Hi
You are most welcome I am glad it went well
Clare
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