How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

My son's wife left him on 25th August and took their 2 year

Resolved Question:

My son's wife left him on 25th August and took their 2 year old son with her. Since that date she has only allowed my son 2 hours supervised contact on his birthday. My son has consistently and politely kept asking her to allow him to see him . She has flatly refused saying he needs to apply for a Child Arrangement Order.
There is currently no court order in place.
My son wants to pick his son up from his nursery, he will advise his wife once he has done so so she knows he is safe.
Will my son be doing anything illegal in doing so, also, does the nursery legally have to hand my son his son?
Submitted: 27 days ago.
Category: Family Law
Customer: replied 27 days ago.
Please can you respond asap by email. Thank you
Expert:  Harris replied 26 days ago.

Hi, thank you for your question. In the circumstances you would need to initially 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 the main carer's 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

I hope this assists you. 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 your question without a positive rating. Thank you

Customer: replied 26 days ago.
Thank you for your reply.However you haven't answered my query about my son being legally able to collect his son from his nursery as no court order is currently in place and my son was married to his wife who is also the
Mother of his son at the time of his birth.
Please can you clarify this.
Expert:  Harris replied 26 days ago.

Apologies - he will have parental responsibility but issues such as collection from nursery need to be agreed between them, or there needs to be a child arrangement order to regulate arrangements - for example if they both attend nursery to collect there is likely to be disagreement and an incident between them which is not in the interests of the child.

I hope this assists you further. 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 your question without a positive rating. Thank you

Harris and other Family Law Specialists are ready to help you