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ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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child access

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My son and his 2 small children have been living with me since 15/01/14 due to his partner suffering a mental breakdown. she was prescribed medication, which she has now ceased to take not on medical advice. their relationship was ongoing until 29/07/14 wen she asked for the children to be returned to her care. she has not cared for the children since 15/01/14. she wants to see the children, and this has never been denied by my son.He is however concerned for their well being and if he takes them to his partner's house she may not return them. What can we do

My name is ***** ***** I can help you with your question.
If your son does not want to return the children to his partner and believes that is in their best interest, then he is able to do that. If his partner does not accept that (and she is unlikely to accept having no contact with them), then she would be able to make an application to the Court for an order setting out the arrangements for who looks after the children and when. A Court would want to consider a report of her medical condition as well as encourage the two parents to discuss matters.
Obviously it would be better to avoid court proceedings if possible. A first step might be for your son to ask his partner to visit a child mediator with him - someone who could help the two of them sort out an agreement that might work for both of them. Perhaps your son could start by agreeing to some supervised contact, so that the children have some time with their mother, but there is no danger of her taking them away.
What might happen after that would depend on how that supervised contact went, and presumably on the partner's medical reports.
That's my 'big picture' advice. Please let me know if you have any specific questions relating to any part.
Customer: replied 3 years ago.

If his partner has not told her solicitor about her mental problems how does this affect my son's right not to let her see the children at her home address?

It does not matter what she has told her solicitor - your son knows, and that is enough.
Of course, if he wants to restrict access then he should be honest and upfront about why he is doing it, which will mean her solicitor will find out soon enough.
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