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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son has separated from his girl friend a year they

Customer Question

My son has separated from his girl friend for over a year they have a nearly 4 year old daughter Ruby he sees her every other weekend she sleeps at my mums as my son lives with her as the house he was renting was sold he has been there for two months .Strangely a month ago she has said she didn't want to sleep there any more my son is a wonderful father he has his faults like all of us , the love that Ruby has for him you can see it . He has to pick Ruby up from his ex partners parents as she tried to have a restraining order put on him but failed he had a tracker device on his company car which proved he was no were near her. They said in a text message that Ruby was to be picked up at 9 on Saturday and taken back at 6 tonight . Then collected at 9 Sunday and dropped of at 4.30 that evening . So I went with him this morning when I knocked at the door the gran came to the door and said I didn't want to text you but Ruby doesn't want to go I replied don't you think we should discuss this in private of which she replied no we discuss this with Ruby she is 4 years old ,however when she saw her dad she said yes she wanted to go her gran then said don't worry you will be back here tonight to sleep . This can't be in the best interest of my granddaughter it's as though they plant the seed and they are making her the pawn . Please advise me
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
As the child is four years old, if the matter went to court she would be too young for the court to take into account her wishes and feelings. If the agreement is that he should be having her for the weekend with overnight contact, then this should take place despite what they are saying - especially if this arrangement has been on-gojng for some time. Contact can only be refused if they have concerns about the child when she is with him.
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** i have been a family solicitor for 30 years.You are quite correct it is inappropriate to discuss adult matters in front of a child - and no child of her age should be asked if she wishes to see their other parent - because any child wil please the parent that they are with and give the answer that they know that parent wants. It is entirely possible that she has played up after contact - most children do - but it does not mean that they do not wish to see the other parent.The starting point is for your son to try and discuss matters with his ex using Family mediation his ex refuses - or it fails - then he will have to apply to the court for a Child Arrangement Order using a Form C100 and paying the fee of £215.he can then ask the court to confirm the previous overnight contact - and to clarify holiday contact at the same timeHe can read more here hope that this is of assistance - please ask if you need further detailsClare
Expert:  Harris replied 2 years ago.
Hi, this question remains open. Please could you rate my response positive if you found the information helpful so that the question can be closed.