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Ok long story but I will try to cut short.
My son has a son, the mother has tried her best to get my son out of his sons life. Son took mother to court and got access. However since then my son has been arrested on numerous occasions, no findings, for hitting her!! Anyway due to serious amount of calls to,the police the social services became involved and the child was put on a child protection order for emotional harm as, in ss opinion neither parent could get on, however my son has always been more than civil with his ex but she just kicks off all the time for no reason.
Parents then received a letter before proceedings!!
Child is now off the child protection order as mother has behaved herself, my son told ss she would kick off again and he didn't want to come off the protection order, his concerns were ignored.
Well, yes she has kicked off again and again and I can see my grandson is suffering!! My son also asked the mother if, before he starts schools next year, if he can take,him on holidays - she just said no!! My son has a court order for access which she has broken on a few occasions and ss are aware of.
When my grandson is here and stops overnight (dad still lives with us) every morning is a battle, he does not want to get dressed or go home to his "mum", he kicks screams and bites!!
So here's my question - do we take this situation back to social, bearing in mind the mother has been told the child will be taken into care if any incidents occur again??
Also does anyone know what court form to use to get the mother to allow my son to take child on holidays and handover the passport??
Hi there
If your son has a contact order which the mother is not complying with then your son could apply for enforcement of the existing order. Because of the police involvement and the child being classed as at risk the court will take a more cautious approach and are likely to ask for reports from the SS.
Taking this back to the SS won't necessarily solve the situation with his behaviour when he stays over. His behaviour is probably because he feels very unsettled and has been affected by the hostility, as you acknowledge, your grandson is again suffering. You also say that your sons concerns have been ignored previously, this unfortunately seems a common theme when dealing with this agency.
If you son wishes to apply to court over the issue of holidays and release of the passport he would need to apply for a Specific Issue Order, which comes under the umbrella of the new Child Arrangements Order. The form he would need is the C100 and the court fee to apply would be £215.
Since the family law reforms in April it has now become compulsory to attend mediation before applying to court. This would not apply if your son went ahead with an application for enforcement, only as far as the Specific Issue Order is concerned.
Here's a link to the mediation service
www.nfm.org.uk
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