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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and wife separated they have a daughter aged 4. My

Resolved Question:

my son and wife separated they have a daughter aged 4.
My son wishes to bring her to see me and her aunts/uncles but the mother is refusing to allow him to do so.
Firstly it was too soon, then she not well, now it is she is not sleeping well.
Threatening to take action if he does.
She is taking daughter away on holidays as well without prior discussion with son.
He is terribly worried he may lose his daughter if he brings her to see us.
Visits her every week and has her every other weekend. Usually stays in the family home with her. Mother goes and stays with parents.
What is best advice? I have suggested he speaks with a solicitor himself.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. His daughter will have a right to a relationship with her paternal family and this can only be reasonably restricted if there are child protection/abuse concerns or if it is not in her best interests. If he brings her to see you, and there are no concerns, then this is not grounds for her to attempt to stop further contact arrangements. Initially he should formally write to her setting out his proposals and explaining why it is in her best interests. If she continues to refuse then I would suggest that he makes a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist them both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then he will be able to pursue an application to court under Form C100 together with a £215 court fee to his local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
if my son who has his daughter every other weekend, goes to her on a Friday and leaves on the Monday, if he wishes to he can take her out for a couple of days without repercussion?
Sorry, I just don't want to give him the wrong advice and need to understand fully any implications.
Customer: replied 1 year ago.
there have never been any issues or problems within the family regarding care of their daughter
Expert:  Harris replied 1 year ago.
What he does during his contact time is for him to decide, unless there are any court orders in place restricting this.
Customer: replied 1 year ago.
thank you, ***** ***** be reassuring for him and I think put his mind at rest.
Hope you have a good bank holiday, R&R! Regards Clare
Expert:  Harris replied 1 year ago.
Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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