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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1084
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter has a 5 year old boy. She split with his father

Resolved Question:

My daughter has a 5 year old boy. She split with his father about 3 years ago. He left the home and eventually went back to live with his parents 85 miles away. He pays no money towards his son or the bills/mortgage he left her with. He sees his son usually every weekend and the arrangement was that he would pay £100.00 a month towards my daughters fuel and they would meet to drop off/pick up Alfie half way. This was obviously a inconvenience to my daughter as she juggles her life around shift work and caring for Alfie. He made only the odd payment and my daughter now refuses to meet half way. As the situation was created by her ex (he was unfaithful and debt ridden) and he had to move away, she feels she has no obligation to transport Alfie to meet his dad. She has absolutely no problem with her ex picking Alfie up and taking him back for the weekend as long as he brings him back. Her ex is now refusing to bring Alfie back next time he visits. He is not refusing to hand him back but will not physically drive him back. I have told my daughter that in this case, refuse to let him take Alfie until she seeks legal advise on what she is/isnt entitled to do. She wants Alfie to visit his dad regularly but as part of his controlling nature, he will force her to drive down to pick him up once a week. What can we do to ensure he brings him back?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that your daughter is experiencing with the father of her son.
The courts do consider that children have a right to a relationship with both of their parents as long as there are no child protection concerns.
In respect of transport - a court would expect parents to go half way.
If the father does not return the child and your daughter does have to keep collecting then your daughter should consider referring this matter to family mediation so that they can try and help the parents agree.
Perhaps one solution could be that your daughter agrees that the father should collect the child from her house - so that if he is committed to spending time with his son - then he will collect. To make it fair (and so she knows that her son will be returned) so could collect her son from his parents property at the end of the weekend. This would seem fair.
If the father doesnt return and does seek to withhold then your daughter can apply yo court urgently for an order that her son be returned to her care.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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