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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 2023
Experience:  Owner at James Bruce Solicitors
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Daughter in law says jewellery given to grandchild is lost.

Customer Question

Daughter in law says jewellery given to grandchild is lost. I had asked for its return to hold for grand daughters now that they are getting divorced. Grandaugher's are 6 and 8
JA: What steps have been taken? Have any papers been filed in family court?
Customer: My son apparently made the return part of financial settlement. DIL has red some items but says cross and earrings are lost
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do your son live in?
Customer: We are in middx and DIL is Hertfordshire . Wr are talking about 18ct white gold cross bought in Cyprus 2016 and 18ct yellow gold earrings also from Cyprus and specially made for me, 2018 and given as presents for grandaughter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Son pays her £650 per month and kids stay with him / me 2-3 nights per month. Also about 3x per week they are with us for dinner. Can he stop payment to recoup cost as obviously will have to repurchase as cannot give to one child and not the other. They were given to DIL to look after on children's behalf. Is she not legally responsible? Children are aware they had these gifts. Crosses were worn once about 3 years ago and earrings never. Have now been separated for 1 year and proceedings started in march but cos of covid all is v slow
Submitted: 4 days ago.
Category: Family Law
Customer: replied 4 days ago.
What happens if she says cannot find them or tries to blame children and says they took and lost them?
Expert:  james bruce replied 4 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Unfortunately, property does get lost. Whether that is genuine or not who knows. However, no, if the items have been lost then she would not be liable for them.
You say the items were given to the grandchildren. Was that as a gift?

Is the financial settlement a court ordered settlement?

Customer: replied 4 days ago.
The crosses were bought the summer they got married in church as thought the would wear them but they didn't. DIL doesn't like yellow gold so that's why me and my sons father bought the WGYes they were gifts for the children
Expert:  james bruce replied 4 days ago.

Where the gifts given to the children?

Customer: replied 4 days ago.
Sorry no phone call
Expert:  james bruce replied 4 days ago.

No problem we can talk here. The phone option is set automatically

Customer: replied 4 days ago.
They were handed over in the children's presence and they knew about them. The crosses were worn only once at sons graduation and earrings never. It is worth mentioning tht she also knew the cost of them
Customer: replied 4 days ago.
We also bought her a pendant as wedding present which she retd - it was not asked for, but she also asked for it back an it was retd to her
Customer: replied 4 days ago.
She did comment last year when I gave them other crosses that they had a very expensive collection already. The original crosses were in fact adult size with long chains so last summer I bought some child friendly sized ones.
Expert:  james bruce replied 4 days ago.

Unfortunately, in law, once the items have been gifted to the children, ypu and everyone else have no legal right or claim to those items. The value is irrelevant.

If the father made a financial agreement based on their return, that part of the agreement would fail as the items belong to the children and neither he nor the mother have negotiations over them.

Customer: replied 4 days ago.
Is there no duty of care or resonsibility to look after them on their behalf?
Customer: replied 4 days ago.
When u say we're they given to the children what exactly do you mean? They were not physically given to them but to mum
Sorry to labour point
Customer: replied 4 days ago.
Do children gave the ability to accept responsibility for such itens
Customer: replied 4 days ago.
Is this finished?
Expert:  james bruce replied 4 days ago.

The items were still gifts to the children so it is there property.
Again, accidents happen and things get lost. You would have to prove negligence

Expert:  james bruce replied 4 days ago.

It could well be that they still have the items, if so, again they do belong to the children.

No one else has a legal right to them.

Expert:  james bruce replied 3 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.