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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
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's has parental responsibilities, his ex partner is in

Customer Question

My son's has parental responsibilities, his ex partner is in hospital, does he have right not to return his daughter to grandparents, who have no legal rights and keep her over night or while child's mum remains in hospital.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and are there any court orders in place?
Customer: replied 2 years ago.

Leia is two and there are no court orders in place. Her mum lives with Leia at her parents when not in hospital. There are no reason why Leia should not stay over night with her dad.

Expert:  Clare replied 2 years ago.
Has she ever spent a night with her father?
Customer: replied 2 years ago.

No as her mum won't letter her, so even when she was in hospital for weeks she had a child minder rather than her dad who would have stayed at my house I was a sick children nurse and am now a mental health social worker and Leia asks every time she sees her dad to stay over. She knows all herher other cousins stay at grandma's

Expert:  Clare replied 2 years ago.
There are two separate issues here.
Legally your son can indeed refuse to return the child to the grandparents since he has Parental Responsibility and they do not.
However consider how this will look in terms of prioritising the needs of the child.
Her mother is in hospital - is this really the time to disrupt her routine?
Far better to wait until the mother is out of hospital and arrange a Mediation Information and Assessment meeting (MIAM) with a family mediator
If that fails then he can apply to the courts - there is no reason why he will not be successful - but it will be less likely if he is felt to have taken advantage of the mother's hospitalisation
Please ask if you need further details