How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Hello, This is related to the last situation you helped me

This answer was rated:

Hello, This is related to the last situation you helped me with 13/08/2014.
My niece has not yet reported her partner (who left her with 2 children) and went to live with my Nephew's partner (my Nieces's brtother) with my Nephews child.
He text her when he feels like it to ask for the children, because she is short of money she lets him have them (or he won't give her any money).
Things have got out of hand fighting and arguing etc with both sets of in laws etc.
They have left the children at the end of the road to find their own way to the house when returning to their Mum, came to the door unattended.
They were supposed to have them for 2 nights and decided to return them a day earlier then arranged, then there is no contact from him for 2/3 weeks then he text to say he wants to see the children, and by the way I have got some money for you.
My Niece told him this morning that he cannot see the children and that she is going to report him finally to the CSA?
He said he had some money for her, and she told him to keep it as she wants things sorting out legally. I know she needs the money, should she take it? does she need to let him see the children?
He has said that my Nephews child is now his main responsibility. He was supposed to take their little girl for her dance lesson and just did not bother to take her, all other sorts of little things.
You advised her not to let the children stay at the house where their father is now living with my Nieces brother (my Nephew).
What is happening is his parents have been having the 2 children, and taking them to see their Dad at the house where he now resides (behind my Nieces back) so she sttopped the granparents from seeing the children. Also where ever the children go on his family side the Dad and partner are there, it seems they were trying to get to see the children as third parties to avoid paying any money to my Niece.
Does she have to let him sse them?
Should she tell him to put money through the door?
Should she not except the money?
She is at a loss as to where to go from here.
The children have stayed at my home at weekends to get them out of the horrible environment, but the Dad is now threatening to come to my home to get them off me, can he do this?
I await your response thank you
Thank you for your question.
My name is ***** ***** I will do my best to help you
The issues of maintenance and contact are NOT connected.
Your niece should make an immediate application to the Child Maintenance Service (new CSA) and get the child maintenance sorted out.
In the mean time if he offers her money then she should take it - there is no reason not to.
The children are entitled to contact with both parents but it does need to be on a regular basis - and it will eventually involve overnight contact - just not yet.
In fact meeting at the houses of other family members is not unreasonable during this period - just not at the new home for the next couple of months.
Your Niece shoudl offer to discuss matters with him using Family mediation ( to agree a new pattern.
She can do both things tomorrow!
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you.

If my Nieces partner has the children over night and it becomes apparent that he had them at the new home can she stop the visits untill things are sorted? The other couple my Nieces x partner and my Nephews x partner think they have done nothing wrong and that my Niece is being unreasonable about the children staying at the new home.

How are the children coping?
Customer: replied 3 years ago.

Hi, The little boy is not doing to bad, (does not ask for his Dad) though very disruptive, the 3yr old girl is plainly suffering, I had her over night and she never shut her eyes in 24hrs (heart breaking) she has stopped eating and is mostly in fits of screaming. Her first day at school yesterday was hard. She asks for him, but on the last visit he said he did not want the children again that it was to much hassle, that was because he had them at the new home and the new partner got fed up of them, and they were sent home early.

There is now mention that the new partner is pregnant! just hope its not true.

If my Nieces x won't agree to discuss things with family mediation can she get help from them by herself?

Also is there a law that says grandparents have a right to see their grand children as this is now what is being sad to my niece.

Thank you x

Given that the children are clearly struggling then yes if it is clear that he has taken them to his home she can simply say that in future all contact will take place at a local Contact Centre ( for the time being.
Grand parents do NOT have an automatic right to contact - and the fact that his parents have abused the contact that was offered would count against them if they made an application to the court - but again they could be offered contact at a local contact centre