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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son and his partner parted in 2006 they have 3 daughters

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My son and his partner parted in 2006 they have 3 daughters and shared amicable agreement/arrangement of 50/50 parental care 1 week with him and one week with their Mum. My son married in 2011 and in January 2013 had an argument with his wife which was overheard by his eldest daughter age 13.
A week after the incident my Son was told not to pick the children up from school and this was followed by a visit from social services because his daughter had told her mother about the argument. He also had a call from his youngest daughters school to advise him the mother had told them she now had parental care and he was not allowed to collect her from school. However she did not contact the senior school. I feel I want to ask more, but can you advise if he should have been informed that parental care had changed.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in.
How old are the children and what is the current position with regard to their care?
Customer: replied 3 years ago.

Good morning Bristol. The eldest is 15 in October, the 2nd is 14 in September and the youngest was 11 in March. Since January 2013 they are with the mother. My son has only seen them 2 or 3 times to date. Sue XXXXXXX

may I ask why your son has not taken action to see them more often?
Do the children wish to see him?
Customer: replied 3 years ago.

Hi Clare

Apologies for delay in my reply. However, my son and his ex partner did meet with a mediator but she was not giving in. He then contacted his own solicitor who put him in touch with a person who made contact with the children and on a few occasions he did see them with her. He was told by her that perhaps the children were not ready to have contact with him again. Without going into full detail regarding their mums background I do not think we are going to see my grand daughters which really saddens my husband and myself and more importantly my son who is devastated.


Sue Gardner

Just to check - there have in fact been no court orders and Social Services actually had no concerns?
Customer: replied 3 years ago.
Hi Clare
There has been no court orders, and as my first question the mother called social services who visited my son and his wife but everything was ok.
Sue Gardner
In that case there has been no change to the legal position at all.
Your son retains Parental Responsibility for the children and all that has happened is that the mother has changed the arrangements of her own volition - and your son has not challenged this through the courts.
His starting point is to try and discuss matters with his ex using Family mediation to establish a regular pattern of contact
Given the age of the children he should choose a Mediator trained to work with children as it is the children's wishes which will determine the way forward
If his ex refuses mediation the your son should apply to the court for a Child Arrangement Order setting out what time the children should spend with him
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you