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: 35071
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

I am the Grandfather. My daughters ex has moved to Spain and

This answer was rated:

I am the Grandfather. My daughters ex has moved to Spain and is demanding equal access to our Granddaughter but only in the school holidays, including half terms. Our Granddaughter is only 5. We accept he has access rights.
He also wants to take her there in the school holidays which we do not want to agree to as we have no knowledge of the accommodation or why he is there and do not want him to have access to her passport.
We feel this is unacceptable 'cherry picking' the access dates just to suit him.
HiThank you for your questionMy name is ***** ***** do my bets to help you but I need some further information first.Is he asking for half of all the holidays?
Customer: replied 2 years ago.
His wording is 'half terms Easter summer and Xmas should be divided between The Mother and Father. There is no proportion stated.
What are your specific concerns about what the father might be doing?
Customer: replied 2 years ago.
Our problem is our daughter works weekends and as such we look after our granddaughter. Up to December before he moved , we had an agreement drafted at Mediation to share the weekends so we only did alternate. We (Grandparents) are now looking after her every weekend and the Father is now demanding access at times to suit him, as he has rights etc.
Our concerns
Have we the right to deny access during the holidays and expect a more equal share of responsibility?
Can we refuse to allow him to take her abroad?
Can we insist he tries Mediation again?
And our biggest concern. We are worried he might take her abroad and not return her as he refuses to say where he is living or what he is doing?
Does he have family in Spain - or the kind of work that would take him there?
Customer: replied 2 years ago.
Apologies it is actually Greece he has moved to not Spain.
No. He has neither family there or any work commitments there. His last employment was as a cook in a care home
Was he reliable when he did have ocntact?
Customer: replied 2 years ago.
He did not adhere to the agreed fortnightly access all the time but would always advise if he was not going to turn up.
How often did he cancel - and was the care ok?
Customer: replied 2 years ago.
He cancelled to go on holiday to Jamaica where his family lived and father still does but generally not often. His care for her is fine.
Is there a risk of him taking the child to Jamaica?
Customer: replied 2 years ago.
It does worry us. he has never been open and honest and we believe he wants custody
There are two issues here.With regard to WHERE the contact takes place then a Court would wish to be certain that the father had suitable accommodation for the child and as a bare minimum would expect your daughter to be given the address - and some idea of how her ex was making a livingIndeed given the fact that his home is now (apparently) in Greece it would not be unreasonable for her to ask for evidence of the fact that he lives at the address given.However if satisfactory evidence is provided then in principle there is no reason why he should not have contact in his home, provided he takes responsibility for collecting the child from and returning her to the UK . Bothe Greece and Jamaica are signatories of the Hague Convention on Abducted Children which means that if he failed to return her your daughter could use the courts in those countries to endure the child is returned to her care.In essence then he would have to give a great deal more information before contact abroad would be an option.The second is WHEN the contact should take place.If the father is not living within a reasonable distance of the child then asking for half of the school holidays would be seen as reasonable and would be likely to be granted.In terms of the way forward then before he makes an applictaion to the court he would usually need to attempt mediation first - but if he is in fact living abroad he can go straight to the court application - but will have to deal with the issues outlined aboveI hope that this is of assistance - please ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. As always not perhaps the news we wanted but it answers our questions.
I hope all goes well - at present what he is asking is NOT reasonable