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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 partner had a child in January they have never

Resolved Question:

My son and his partner had a child in January they have never lived together and both live at home with parents. Unfortunately the relationship has broken down. Up until now the arrangements since my grandson was born was my son had him twice a week after work until 9pm and all day Sunday. Sadly his partner has started to withheld access and is now changing her mind when he can see his son. She is also making arrangements and then changes them at the last minute. She threatens if he doesn't do as she says she won't allow him to see his son at all. By acting in this manner she is now stopping me seeing my grandson too. Where do we stand? We have offered to have him overnight so he can stay in a routine but she won't entertain this. My son just wants to maintain the relationship with his son and be a part of his life doing the things he would had they been together. Help please.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 your son named on the birth certificate?
Do you know what has changed to make her behave like this?
Clare
Customer: replied 2 years ago.
Thank you for your reply. Yes he is. I am not sure what has changed I understand that as my grandson gets older he needs a routine for bed but he will always have two homes and two parents who want to share his life.
Expert:  Clare replied 2 years ago.
Hi
is your son still getting all day Sunday?
has the child ever been left with anyone other than mum overnight?
Clare
Customer: replied 2 years ago.
The last time he saw him was Last Wednesday she said they were busy Sunday so he couldn't have him, then she said he couldn't have him Monday and could have him yesterday. He turned up yesterday and she was out. He is at dispair as he doesn't know what to do. He wants to see his son. She lives with her mum and dad so I am not sure. He has been on holiday with her and her new partner for a week.
Expert:  Clare replied 2 years ago.
HI
The law says that a Child is entitled to contact with both parents and the courts will enforce this if necessary.
Obviously contact will change as the child grows older - but the baby is a little young for overnight contact UNLESS there is evidence that mum has already left him with some one else overnight
The starting point is for your son to try and discuss matters with his ex using Family Mediation
www.familymediationhelpline.co.uk
If that fails then he can apply to the court for a Child Arrangement Order which can then be enforced.
he can read more on these sites
http://theparentconnection.org.uk/
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
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
Customer: replied 2 years ago.

Would you be able to advise at what age usually overnight contact would become available? Surely growing up with a routine whilst he is younger is in a childs best interest rather than becoming and unsettling event as a toddler? Also does mum have the right to say my son can only see him 2hrs a week? If this is the case can he apply to become the main carer?

Expert:  Clare replied 2 years ago.
Hi
Well that depends on which expert you listen to - personally I think a year or so - but then I am a lawyer not a child care expert
No his ex cannot dictate that contact is two hours a week
If he has been having the child for all day Sunday then that is what needs to continue - plus one or two hours once or twice in the week.
It can then build up to overnight contact on alternate weekends plus one night in the week possibly
Clare