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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to ask if my son has any rights in law for his son

Customer Question

I need to ask if my son has any rights in law for his son who was 2 years old in May. He is on the birth certificate and has his name. There has been a lot of conflict over the past year or so. Usually to do with drugs. My son lived with his partner until earlier this year. He then moved back here with his dad and me. He has been back and forth over the last few months. Twice he has come with our grandson and told her because of her behaviour he would not let her have him back but after a few days he has returned him. Yesterday when he had gone there to babysit the children (she has a daughter from a previous relationship) he discovered messages from an old boyfriend who is a drug dealer who she has been seeing in secret, she has of course said this is not true but my son saw the messages. He has taken his son away from her and he is here with my husband and me, my son does live with us to. She has threatened us this morning if we do not return our grandson by 12.00 noon she is going to call the police and say we are keeping him against her will. My son does not want him to go back with her for his safe keeping. What can we do please.
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

Your son has Parental Responsibility for the child and the right to have the child in his care.

On that basis the Police cannot take any action.

However if your son is willing now to commit to the full time care of the child and wishes to prevent any risk of his ex removing the child from his care then he will need to make an immediate application to the courts for a Child Arrangement Order stating that the child lives with him.

This will ensure that if she does take the child from him then the police will help him recover the child

The form that he needs is here

https://formfinder.hmctsformfinder.justice.gov.uk/c100-eng.pdf

and the fee is £215

Please ask if you need further details

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