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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3458
Experience:  LL.B (Hons)
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My son who is 25 has a son of 2 with his partner at the time

Customer Question

Hi my son who is 25 has a son of 2 with his partner at the time she upped and moved while he was at.work a few months ago she said she was told she had to move by social services as otherwise the child would be taken of her in the past she had him arrested for being drunk and fell asleep in the driveway but since she has left saying he cannot do this and that with his son that he sees 5 days out of 7 but there is no paperwork what so ever no emails no texts no phone calls to him it's just word of mouth from her she said that he is not allowed to know where she lived I just want a bit of advice for him
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: Nothing we don't even know what to do as we have know where to go
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Submitted: 16 days ago.
Category: Law
Expert:  RJM Law replied 16 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 16 days ago.

Thank you for the question I am sorry to hear of your son's situation.  The first step is to call the social services team and ask if there is a case open involving his child.  As a parent he should be allowed this information.  Regardless of whether this is true or not the next stage will be the same.  Unless there is a court order she can prevent him from seeing the child at any point.  Therefore in order to clear his name and also have a legally enforceable order, I would advise going to court.  You will apply to the court using a form C100.  If you instruct a solicitor they will do this for  you. The court will likely involve cafcass and ask them to do a section 7 report.  An officer from Cafcass will speak with both parents and perhaps immediate family (child's. grandparents etc.) also.  The Cafcass officer will write a report and submit the same to the court.  The judge will consider the report, any evidence and the statements from both parents.  Once this has been submitted and heard, the court will make a judgment based on everything that has been said and presented. The courts of the opinion that in the absence of any safeguarding issues, it is in the child's best interest to have a relationship with both parents.   The court is not interested in anything that doesn't directly or indirectly affect the child and will make a judgment based on the child's best interest.  On the basis that a contact order is granted, this would be legally enforceable.  This means that if the other parent denies contract or refuses to adhere to the terms of the court's order, this can be legally enforced and potentially a case for contempt of court could be brought again the offending parent.  This is a serious matter and can even be punishable by imprisonment.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 16 days ago.
Thank you soo much this really helps my kindle is playing up but got this on my phone we soo appreciate your advice
Expert:  RJM Law replied 16 days ago.

You are very welcome and I wish your son all the best moving forward.

Customer: replied 16 days ago.
I’m really grateful for your advice and would love to hear more but cannot afford it till the end of the month I don’t work and my husband doesn’t earn a lot but when he gets paid will be definitely phoning you thank you soo much
Expert:  RJM Law replied 15 days ago.

You can mark a question for my attention.