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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I am the Grandfather. My daughters ex has moved to Spain and

Resolved Question:

I am the Grandfather. My daughters ex has moved to Spain and is demanding equal access to our Granddaughter but only in the school holidays, including half terms. Our Granddaughter is only 5. We accept he has access rights.
He also wants to take her there in the school holidays which we do not want to agree to as we have no knowledge of the accommodation or why he is there and do not want him to have access to her passport.
We feel this is unacceptable 'cherry picking' the access dates just to suit him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my bets to help you but I need some further information first.Is he asking for half of all the holidays?
Customer: replied 1 year ago.
His wording is 'half terms Easter summer and Xmas should be divided between The Mother and Father. There is no proportion stated.
Expert:  Clare replied 1 year ago.
What are your specific concerns about what the father might be doing?
Customer: replied 1 year ago.
Our problem is our daughter works weekends and as such we look after our granddaughter. Up to December before he moved , we had an agreement drafted at Mediation to share the weekends so we only did alternate. We (Grandparents) are now looking after her every weekend and the Father is now demanding access at times to suit him, as he has rights etc.
Our concerns
Have we the right to deny access during the holidays and expect a more equal share of responsibility?
Can we refuse to allow him to take her abroad?
Can we insist he tries Mediation again?
And our biggest concern. We are worried he might take her abroad and not return her as he refuses to say where he is living or what he is doing?
Expert:  Clare replied 1 year ago.
Does he have family in Spain - or the kind of work that would take him there?
Customer: replied 1 year ago.
Apologies it is actually Greece he has moved to not Spain.
No. He has neither family there or any work commitments there. His last employment was as a cook in a care home
Expert:  Clare replied 1 year ago.
Was he reliable when he did have ocntact?
Customer: replied 1 year ago.
He did not adhere to the agreed fortnightly access all the time but would always advise if he was not going to turn up.
Expert:  Clare replied 1 year ago.
How often did he cancel - and was the care ok?
Customer: replied 1 year ago.
He cancelled to go on holiday to Jamaica where his family lived and father still does but generally not often. His care for her is fine.
Expert:  Clare replied 1 year ago.
Is there a risk of him taking the child to Jamaica?
Customer: replied 1 year ago.
It does worry us. he has never been open and honest and we believe he wants custody
Expert:  Clare replied 1 year ago.
There are two issues here.With regard to WHERE the contact takes place then a Court would wish to be certain that the father had suitable accommodation for the child and as a bare minimum would expect your daughter to be given the address - and some idea of how her ex was making a livingIndeed given the fact that his home is now (apparently) in Greece it would not be unreasonable for her to ask for evidence of the fact that he lives at the address given.However if satisfactory evidence is provided then in principle there is no reason why he should not have contact in his home, provided he takes responsibility for collecting the child from and returning her to the UK . Bothe Greece and Jamaica are signatories of the Hague Convention on Abducted Children which means that if he failed to return her your daughter could use the courts in those countries to endure the child is returned to her care.In essence then he would have to give a great deal more information before contact abroad would be an option.The second is WHEN the contact should take place.If the father is not living within a reasonable distance of the child then asking for half of the school holidays would be seen as reasonable and would be likely to be granted.In terms of the way forward then before he makes an applictaion to the court he would usually need to attempt mediation first - but if he is in fact living abroad he can go straight to the court application - but will have to deal with the issues outlined aboveI hope that this is of assistance - please ask if you need further detailsClare
Clare and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare.
Thank you. As always not perhaps the news we wanted but it answers our questions.
Expert:  Clare replied 1 year ago.
I hope all goes well - at present what he is asking is NOT reasonable

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