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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son is in divorce proceeding and has been convicted of assault

Resolved Question:

My son is in divorce proceeding and has been convicted of assault on his wife which he went to court to deny. He also has a restriction order against him so that he cannot go to his home. he is serving 80 hours community service and has to report to probation every 2 weeks. he got convicted of this all because of a bruise the size of a thumb print on his wife's arm where he defended himself against her attacking him. Cafcas are involved as he has taken his access to his son to court and he now sees him hours (supervised) every Saturday. His wife will not allow me (Grandmother) to see him but has in the past allowed my husband (Grandfather) to drop letters off that my son his written to his son.
My son's wife is one of the most convincing liars I have ever met and she threatened me in a telephone conversation that she would play real dirty with my sons access rights.
What is my and my husbands position as Grandparents.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How long has the Contact been going?
Clare
Customer: replied 2 years ago.

2 weeks before Christmas and 2 weeks after Christmas which is on going. My son met a representative from cafcas last Tuesday but did not feel it went well. He is in such a state and no doubt like the hearing and being subjected to his wife's hysterical outbourst sobbing and the like of when he went into the witness box he could not get his words out and stuttered and stumbled through his evidence. His wife

saw cafcas first on Tuesday and no doubt she gave another dramatic perforamce. She threatened me weeks ago she would play as dirty as it comes

Expert:  Clare replied 2 years ago.

How old is the child?
Clare
Customer: replied 2 years ago.

7 years old

Customer: replied 2 years ago.

7 years old He was born prematurely an d only weighed 2 1/1 lb but fought . His mother is obsessed with him and feels no one is capable of looking after him even at 7 years old

Expert:  Clare replied 2 years ago.

What contact is your son asking the court for?
Clare
Customer: replied 2 years ago.

Originally 3 days one and 4 the next but he is in such a bad heart breaking scenario at the moment I am not too sure. I have had a text this morning from his wife to say both his son Louis and herself are

unwell and his supervised contact hours today is cancelled.

His son is breaking his heart too and each time he sees his dad he pleads with him to bring him home with him or go back to the house they are still living in.

My son feels the involvement with cafcas this week has annoyed his wife so this could be revenge. I have texted back to his wife and asked what Louis is unwell with. So far no reply.

Expert:  Clare replied 2 years ago.

This is a very distressing situation and there is no easy answer - but although at the moment all seems in bleak I can say that in fact your son is actually managing better than he fears.
The conviction is a problem - I cannot pretend otherwise - but in the ned that is NOT a reason son not to see his son - nor to prevent him from having the child overnight in the future.
I will be honest and say that at present looking full shared care arrangement is unrealistic as it requires a degree of cooperation between the children - or the child being of an age to manage his belongings himself effectively - which generally means secondary school
However it is likely that he will be able to move away from the Contact Centre eventually - and build up to overnight contact.
Grandparents have no automatic right to contact - or even to apply - and generally you are expected to share the contact that your son has.
However of his contact is not going to move on then there is no reason why you cannot apply in your own right
You would still need to go through mediation first - and if that fails you would need the permission of the court to make an application - but this would be given
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare it's been good to get your advice. Surely something good will turn out soon. My son pleased "not guilty" in court as his wife had another of her many violent attacks on him and all he did was push her off him but left a bruise on her arm the size of a thumb print. She gave a very hysterical sobbing outburst in the witness box which completely wiped my son out as he was so upset.

My heart aches as he loves his son so much and has been a wonderful "hands on" father.

Sincere thanks help and advice once again.

Irene

Expert:  Clare replied 2 years ago.

He will find the Family Court is rather more accustomed to such hysterics - and thus much less likely to take them seriously once the proper investigations have taken place
Clare
Customer: replied 2 years ago.

Thank you Clare.

He Nicholas (my son) turned up at the contact centre as normal on Saturday and still had to pay £100.00. + £10 petrol money wife.

However his wife had not telephoned the contact centre to say Louis was unwell as she texted. Fortunately I have her text on my mobile saying she would contact the contact centre as proof.

It is good to see your reply about the hysterical outbursts and please God let the court see through his wife's act and give him some precious time with his little son who adores his dad.

Thank you once again Clare. You have given me faith and hope.

Kind regards

Irene