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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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good morning. I am acting on behalf of my daughter who is

Resolved Question:

good morning. I am acting on behalf of my daughter who is the sole carer for her 5 year old son. Her ex partner used to have his son every tuesday amd thursday night and then every other weekend. He changed this a few moths ago to everyother weekend only but now to be awkward he has decided he wants to collect him from school every wednesday and give him his tea and then bring him to me as my daughter works until 6.30 every wednesday. I have always collected my grandson from school on wednesdays and looked after him at my house until his mum picked him up. The only reason he has chosen a wed is because it is a dig at me as I encouraged my daughter to apply to the csa for maintenance as her expartner has paid nothing for his son since last June. My daughter has agreed to every other wednesday but what happens if her ex partner turns up in the playground to collect his son and I am there also on the wed he is not sue to have him. My daughter is going to inform the teacher of the situation and ask them to only allow me to collect him but where do I (as his nan) stand legally. Does his dad have the right to take him even if my daughter has asked the teacher not to. The whole access issue is going to court as her ex partner is refusing to attend mediation. Please advise as I do not want an argument in the playground in front of everyone especially my 5 year old grandson as he will obviously want to go with his dad. Please advise. Thank you
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.
How far gas the court application reached?
Clare
Customer: replied 2 years ago.

My daughter has attended mediation on her own and so has her ex partner but when it came to joint mediation which is required as part of the court order application her ex partner pulled out saying it was a waste of time. Her ex has been sending her bullying texts and keeps changing access arrangements just to awkward and this is confusing their son. This is happening to such an extent that she has now blocked him and their only form of communication is via me. We have downloaded the court order forms which we are due to complete and get signed by the mediator who is not available until after the new year

Customer: replied 2 years ago.

do you have any further advise for me as the caption advised you would be back to me within 15 mins and it is long past that now. Thanks you

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
The school cannot refuse to allow the child's father to collect the child as he has Parental Responsibility.
Only if a Child Arrangement Order is made setting out alternative arrangements can the school do so.
Your daughter is doing everything correctly.
I would suggest that you attend the school as usual - but give way gracefully if the father appears
In the longer term given the fact that the priority is the needs of the child there is no reason why your Wednesdays cannot be restored unless it really is the only weeknight that the father can collect the child from school.
I hope that this is of assistance - please ask if you need further details
Clare
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