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Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My granddaughter and her boyfriend stopped seeing each other

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My granddaughter and her boyfriend stopped seeing each other over 4 mths ago they have a 4 year old boy we go away every year to my nieces villa in a small village in spain. It is family holiday my daughter's and my grand children and Josh my great grandson his father says he is going to stop him going this year can he do this. It has been a really messy brake up with threats of death and beating up people he constantly texts and rings her at her work and had to be asked go leave her work a couple of weeks ago it's really nasty she has all the texts saved so now the only way he can hurt us all is by stopping Josh going on holiday as he knows she won't go without him any help you can give would be appreciated. Jane Harkin
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there any court orders in place regarding Contact?
Customer: replied 2 years ago.

No they haven't been to court my grand daughter doesn't want to go there and neither does the dad he just tells here he will see Josh when he wants at the moment she just wants to get away on holiday and forget the mess for a while can she take him on this family holiday please let me know what the law is or will she be able to take him it is only for 10 days Thanks Jane Harkin

Technically neither of them can take the child out of the country without the agreement of the other party or an Order from the Court - although unless her ex actually applied for a Court Order preventing the child being taken from the country there is nothing to prevent it happening - and if he does make a court application the fact that this is an annual holiday and the child was at no risk will NOT amuse the court and they may order costs against HIM
Having said that neither is the father just entitled to dictate when he sees the child - it is something that has to be agreed and obviously a set pattern is better for the child
Your granddaughter should try and discuss contact with her ex using Family mediation - and should report the threats to the police
Please ask if you need further details
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