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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advice. My daughter's ex partner recently moved

Resolved Question:

Hello, I need some advice. My daughter's ex partner recently moved to Newcastle with his new fiancée and her son. He wasn't having much contact with my grandson until my daughter's partner intervened and tried to sort out things between my daughter and grandson's dad so that both parents were involved and DD would have regular contact. However, this has all gone wrong and ex partner's mum turned up last night to pick Josh up. When Josh, who will be 5 in two weeks ' time, said he didn't want to go she grabbed his arm, frogmarched him to her car, dumped him in his car seat, strapped him in, gave me some verbal when I objected to the manner in which she did this and drove off, with him screaming in the back of the car! Does she have the right to do that?
I would really like to know my rights as a grandparent and whether I could've stopped her from almost 'kidnapping' my grandson! I was in charge of the handover last night and feel that my concerns re her actions should have been listened to and taken into account, but she totally ignored me and took off as quickly as she could!
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Is there a court order regarding the arrangements and how long have you and her been assisting with handover?

Customer: replied 1 year ago.
Hi, no court order, just a verbal agreement, but that will be changing now. This has been going on for at least a year now, but my daughter is usually told it's her ex partner doing the pick up, then his mum appears.
Expert:  Harris replied 1 year ago.

What is the reason for his mother doing the handover?

Customer: replied 1 year ago.
I have no idea. We aren't given any reasons, she just appears! Apparently the dad was actually staying at hers last night so it should've been him picking up. My daughter was away on a training course and her partner was working so they asked me to step in and assist this time.
Customer: replied 1 year ago.
Excuse me for asking, but do I get anymore from you or has our conversation finished?
Customer: replied 1 year ago.
Please can you let me know if our conversation has now ended. Thanks.
Expert:  Harris replied 1 year ago.

Apologies for the delay. What the grandmother did is concerning and this needs to be taken up with her and the father. It is not considered kidnapping, but she could have been more sensitive and calmed him down before taking him for the contact arrangement.

In the circumstances I would suggest that your daughter discuss these issues with him directly and if no progress is made to 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 child'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

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