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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2309
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We share 50/50 our kids. Following an incident where there

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hi
we share 50/50 our kids. Following an incident where there is a 50/50 chance my son ingested a pill meant for her dog she has now imposed that i can't have the kids without having a full time nanny as she does not trust me. Can she impose this? whilstunder her watch and abroad my son has ended up twice in A&E for head trauma. I never called her a bad mother or said she can no longer have them alone! accidents happen! thanks
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Please confirm the following:

-Are you in England or Wales?

-Are you named on the birth certificate as the father?

-Are there any court orders in place, if so what are the terms?

-Are social services involved, if so what are they doing?

Customer: replied 8 months ago.

england

yes named

no court order in place

no social services involved

Customer: replied 8 months ago.

furthermore. their grandma had booked a beach holiday in france with them and myself. again because of this incident she is depriving our children from having a nice holiday with their only surviving granndparent (my mother ) who is 75 and now very sad. Again does she have the right to suddenly ruin everyone's plans and dictate what will and will not happen ?

Expert:  Harris replied 8 months ago.

Thank you and apologies for the delay in responding. Imposing that you have a nanny is not something that she can pursue unless she can demonstrate that there are child protection concerns when your children are in your care.

In relation to a holiday with the grandmother, unfortunately, grandparents have no automatic rights to contact with their grandchildren and if this continues to be an issue a court application should be considered.

Given that there are no court orders or social services involved, I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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

Customer: replied 8 months ago.

Thank you for your reply.

what do you mean By "she can demonstrate that there are child protection concerns when your children are in your care"

I did tell her what happenned i.e. the 50/50 chance that my youngest swallowed medication ment for her dog. That said like i told you my eldest has ended up in A&E whilst in her care. Accidents happen.

I have contacted her asking her for a convenient time for me to call and speak to my sons. she has yet to respond. Am i right in saying that she has no right to prevent me from talking with them?

Am i right in saying that until such time as there is a court order she can't dictate what happens? what would happen if i took the kids but did not have the nanny even though she has made it a condition for me to have the kids?

Expert:  Harris replied 8 months ago.

I appreciate that accidents happen, and if the matter went to court, it will be looked into as to whether the accident took place due to a failure to adequately care for your child or not. If the mother is able to demonstrate that it was down to the care you provide that it happened, then she may have grounds to reasonably restrict the arrangements.

She must allow arrangements to continue, but unfortunately, if she stops you have no enforcement options unless there is a court order in place which can be done using the previously mentioned steps.

Customer: replied 8 months ago.
Ok I understand . How would she be able to demonstrate this? Surely the court can't just agree with her based on her her word only as it would be mine against hers? Surely for it to have any weight in court she would need testimonies ? Something of substance? And surely one incident where thankfully nothing actually happenned would not be sufficient for the court to go her way considering that I have looked after my kids All their lives and 50/50 (1 week with her and 1 week with me) for the last 12 months and nothing has ever happened! Surely the court would also need to consider the fact that under her watch my son has ended up in A&E more than once!?!
Many thanks
Emmanuel
Expert:  Harris replied 8 months ago.

It will be difficult for her to demonstrate this if there are no social services investigations or health service involvement

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2309
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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