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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My query relates to my grandson, Vincent, who will be three

Customer Question

My query relates to my grandson, Vincent, who will be three years' old in June. This query is on behalf of my son, Paul, who is Vincent's father. His mother and his partner, Ella, is of Polish birth and they been together about four years but lived together for three. They lived in Paul's house, the house he has lived in for about 14 years, with his daughter from his previous marriage.
Ella had warned Paul that she intended to leave him. It was not really surprising as they were not getting on. Paul works long hours, is self-employed, and Ella is interested in fashion and wants to get work in this field. When Paul came home from work on Wednesday, 24th February, Ella had packed some clothes, and left with Vinny. She had gone to her daughter's house who lives in a small house, with her partner, about four miles away. Paul had no knowledge she was leaving that day. Ella gave her reason that she wanted to be happy and get on with her life.
She was leaving Vincent with her daughter and partner, knowing that she was going to London, early for the week, for an exhibition connected with fashion.
Vincent attends a pre-school nursery only a walk about from his home and Paul has insisted that he must continue to attend this, as it is part of his normal routine. Because of this Paul has picked him up at 6pm and taken him to his mum. Ella's daughter was there at the time. She asked why Paul was f...... there. He explained he was bring Vincent to Ella. Five minutes later: why was his f.... still there.
Paul is presently getting Vincent from nursery on Friday, spending the weekend in the house that lhas been his home since he was born, and then taking him to his mum on Sunday evening.
Because Ella chose to leave the family home without any proper consultation Paul wishes:
To bring Vincent back to the home which he knows as his home and his familiar surroundings.
To arrange to him to continue his normal attendance at the pre-school nursery.
To arrange the services of a nanny during the week. Paul's elder daughter of 23 years would do this. Having mentioned this to Ella she is not agreeable. I can't believe that she can call the shots inthis manner when she just walked out with Vinny and took him away from his normal surroundings.
On Mother's Day Paul asked Ella if she would like to joint him and Vincent for a meal so that Vincent would be with them both. Ella flatly refused.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Welcome to Just Answer I am a a Solicitor and will assist you. I am sorry to hear about the present difficulties. Given what you have described - I would recommend that your son considers applying to court for a Child Arrangement Order so that the court can decide the time that Vinny spends with both his parents and where he should live. it is the position of the court that they consider that it is a child's right to spend time with both of their parents unless are there are no child protection concerns. The courts will often now make orders akin to the parents sharing care - if this is in the child's best interest to do so. The courts do hope that parents will be able to decide between them - but if they cannot then the court will make the decision. The first step in this process is to refer your sons case to family mediation. This needs to be done otherwise the court will reject the application. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Family mediation will try and help both your son and the mother agree arrangements. If matters cant be agree at mediation, or the mother wont engage with mediation, then your son can make an application to his local Family Court. The court fee is £215. The mediator will sign the form that he needs to apply to court to say that he has tried mediation. The court will then hear from both parties and then make an order as to what they think is in the child's best interest. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today