[Solved] New to forum

Hi and welcome to the forum,
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You are right, as mad as it sounds the resident parent can take thier child out of the country for up to 28 days without permission, but the non resident does need permission from the resident parent to do the same, it's very unfair in my oppinion.
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As for while he is at work, I'm guessing there wasn't anything written in the order to cover this?
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I think it may fall into a grey area, the order covers contact with your grandson and your son, and will state the days and times ect, but it won't extend to the time when your son has to work, you may need to get an ammendment to the original order to cover this, and if you do then you can also ask for holidays to be considered also, When child arrangement orders are made it's best to try and cover every aspect and get it all down in writting so that things can run smoothly and apart from the odd hiccup there are no issues.
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GTTS

Thanks for reply GTTS

Awaiting call back from our solicitor. Looks like we need to go back to court

My reply was a lot longer than what is showing above ?

Hi There,
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You don't need to use a solicitor, your son can represent himself through court, if you want to use a solicitor for advice only, and not attend court that works well, or we can advise you from here.
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The case doesn't sound like it will be complicated so no reason to spend out on having a solicitor say what your son can himself, if you look at our legal section, there are some topics on the first page that give advice for self representing through court.
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GTTS

Thank you again.

As I'm sure you are aware 2 years in and out of court, with solicitors and barristers, the cost did mount up. They did have a parenting plan in place that covered off all contact, help from grandparents, but it wasn't mentioned at final hearing, so I'm not sure if would stand up.
He would like to go for joint residency, which we think would then mean he could have the 28 days holiday abroad. Not sure what else that would cover. When he previously queried this with his solicitor which was after the final hearing, she was doubtful would be granted.
When he applies to the court would he need 2 separate orders to vary the current order, 1/ holidays abroad 2/ grandparents helping out with childcare ? Or would the 1 cover both of these?

If you can think of anything else he needs to get covered /included, please advise.

Thank you

Hello,
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He would need just the one application as far as I am aware, as he is looking to vary the original terms, so in the application you can list all of the terms he is looking to vary from the original and they should be looked at together.
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Just ensure that where you are asking for you too look after while your son is at work, you word it as "when son isn't available" instead and then add in examples or work, illness, or any other occurence, that would then cover all angles and leave no wiggle room for the ex to challenge, incase say your son wanted a night out while he had your grandson and you were to look after him (just an example)
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I'm not sure if shared residency would then give rights to travel abroad, but if you have covered this in the variation then you would be covered any way.
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As for anything else, try and think of anything that may cause issues further down the road and get them covered, I know it's second guessing his ex, but the more you can get covered off the easier things will be, and if it's in writting then she won't have any grounds to argue over it.
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GTTS

I think you could also make the point that as both parties live with parents, it's reasonable to assume that some childcare is done by both sides. No doubt the child has bonded with both sets of grandparents and involvement with the paternal as well as maternal wider family can only be in the childs best interests. As this was referred to and agreed to in the parenting plan its reasonable to refer to it in your application.

I think by taking this stance she is revealing an unreasonable side, if she made no objections to the arrangements prior to the holidays, where you performed some pick up and drop off duties then it's unfair to make a distinction now, especially as your home is also their fathers home.

As GTTS mentions, if she is causing problems now try and get as much definition into your variation application. Think about things like a share of all school holidays, release of the childs passport in a timely fashion so that the child can enjoy holidays abroad with dad. Shared alternating christmas and birthdays would also be reasonable to request and Father's Day too.

Hello
Thank you for replies, sorry not replied sooner, had problem with logging on.
I have printed off the C100 and started to fill it in. It goes on about mediation before going back to court, as this would only be to vary the current order, would he need to try mediation? I have spoken to a mediator, he wants £96. from what I told him about the relationship between my son and his ex, he agreed mediation wouldn't work. He said could meet with my son, chat for while, then he would sign the C100 paperwork. But I'm not sure if this is needed?

He is working on the wording for the specific order, if ok can I put on here and pass by you before we send it in?

Is varying a current order normally straight forward and successful ?

With regards to grandparents helping out with childcare. At the final hearing my sons barrister commented that it would be fine, she said that as he had PR it was up to him what happened while the child was in his care. I've been trying to find something Written down that would cover this off, but so far not found anything?

Me and my husband ( the paternal grandparents) took our grandson away for the weekend, we all had a lovely time. His dad couldn't come as he was ill with tonsillitis, the ex was not told up front about this, my son is of the opinion that he can make decision about this sort of thing while his son is in his care. However, I worry sick that she may be able to do something to cause him trouble over this. There is no doubt that she would not have allowed this holiday if she had been told.

Thank you

You would need to attempt mediation to go back to court I think, so unfortunately, this is necessary as the order is well established. With the child arrangement order in place, your son's ex has no say as to the arrangements once in his care, so she can't dctate that you can't go on a holiday, so long as there are no welfare concerns, and I am sure a court would back that up as there was a genuine reason for your son not going, and to stay at home would have spoiled it for your grandson.

You do need to get the form signed off by the mediator, you could try ringing round for some quotes, as they all charge differently.

If you want one of the Mods to read through it would be better to do it privately as this is a public forum, just drop one of us a PM and we can look at it for you.

I think you could ask for shared residency so that there's no perceived hierarchy, it would allow for parental equality and more freedom to be able to make parenting decisions independently, such as taking his son abroad without having to ask for permission and being able to leave him with his paternal grandparents when required... which at the moment is causing issues and the reason a return to court was necessary. You would word it as .... I'd like to have the order varied so that xxxxxx lives with us both under a shared care arrangement, to allow us both to make parenting decisions independently, such as taking xxxx on holidays abroad and which would allow me to make childcare arrangements when required when he is in my care.

I'm pretty sure there's a pdf on one of the parenting websites about parental responsibility that makes reference to the NRPs rights to make decisions about his child when said child is with him....I'll have a look.

All the best.

Hello

I've now printed off the C100 and we are filling it in. It was suggested that I could email part of the content to someone at Dads info for checking ,mguidance before we complete the form. This is section 3b. It's hard trying to limited what you actual put to get point across. How do I send this to someone to read through for me please?

THANK YOU