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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi,EMy parent has a court order to see my son at various

Resolved Question:

Hi,E My parent has a court order to see my son at various times during the month. One of the contact times was after school for 2 hours. He is currently studying for his 11+ and we just found he was too tired to go and see her, then carry on with his study. Our solicitor did write to explain and we also offered another day to compensate (the weekend), but the Grandmother just started bombarding us with abusive texts. Now the summer break is here the contact has resumed as normal, the problem we have now is the Grandmother is saying she can return our child at whatever time she choses to as we "broke" the contact order first. (there are times set out on the order). She is only allowed to take him within a 20 mile radius of her home, and she also has to let us know if she is taking him out on a contact day. She refuses to tell us where she is taking him (stating it is absolutely none of our business). We have also had a problem where our Son didn't want to go for contact. Help would be appreciated. My son is 10, and I would also like to know if we are legally obliged to offer more time outside the court instructed times. Many Thanks

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has she actually taken him further than the 20 mile restriction?
Clare
Customer: replied 2 years ago.

Hi,

Not that I am aware.

Expert:  Clare replied 2 years ago.
Hi
Just to check - does she tell you when she is taking him out - just not where?
Clare
Customer: replied 2 years ago.

No, she says its none of our business

Customer: replied 2 years ago.

We have no idea where he has been until he comes home. If we are told by my older daughter he is being taken out, we ask her where and she says its none of our business, but it will be within the radius.

Expert:  Clare replied 2 years ago.
Hi
How often has she returned him late?
Clare
Customer: replied 2 years ago.
She is asking for longer periods of time with him than on the order. When we decline she says she is entitled to do so (but hasn't as yet).
Expert:  Clare replied 2 years ago.
Hi
So in fact at present she has not actually breached the Order - other than not telling you when she is taking him out?
Clare
Customer: replied 2 years ago.
We have asked for her to let us know if/or when she intends takes him out for the day and she is refusing to. So we have no idea where he has been until he gets back. Order does state she should inform us in writing. Also need to know if we are legally obliged to allow longer hours of contact (outside the given court order).
Expert:  Clare replied 2 years ago.
Hi
Does the Order allow for extra contact?
Clare
Customer: replied 2 years ago.
It says other contact as agreed. By parties.
Expert:  Clare replied 2 years ago.
Hi
Then no you do NOT have to agree to extend it - unless of course your son wants it and it is convenient for you.
The fact that you changed the Order for a few weeks does not entitle her to disregard the return time - so if this does become a problem then you can certainly say that unless she confirms that she will return the child on time then contact will have to be suspended - but this can only happen if she DOES bring him back late.
taking him out is less clear cut - without knowing why that requirement was there I have to say it is unlikely that the court will see this as of any great importance provided she does not break the distance rules
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi, thanks for the reassurance. The problem has been, previously she has been extremely irresponsible with my children, would that be deemed as important? Cafcass have acknowledged this in a report.

Many Thanks,

Expert:  Clare replied 2 years ago.
Hi
How badly irresponsible?
Clare
Customer: replied 2 years ago.
My daughter took an overdose after being abused, told the grandmother as we were all
Part of the court case because
In her words she didn't want to stress us anymore and called her nan who knew I was in the house, she picked her up secretly and took her to hospital and only called when she was made To by the hospital. Thank you.
Expert:  Clare replied 2 years ago.
Hi
Then no I don't think that will be an issue in these circumstances - provided she keeps within the 20 mile rule
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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