Advice on child taken by surviving parent

[Crocodile2]

Hello. I am hoping for some advice about a relative of mine. He is 9 and since the age of 2 has lived with his mother, older half brother and maternal grandparents. He has seen his father - who is divorced from his mother - once a fortnight or so. The 9 year old’s mother sadly died three weeks ago. The father has in the last two days taken the boy and refused to return him to the home he has known for the last 7 years, saying that he needs to look after him now. Is there anything that can be done to make him return his son to his grandparents house? They - and his now deceased mother- were his main carers until the last few days. Thank you.

[Crocodile2]

Hi...anyone?!!....

[Amethyst]

Oh that is a difficult situation, very sad and difficult to deal with for everyone involved.

Does the father have parental responsibility for his child? ( it hasn't been removed or anything? he was married to the childs mother and is on the birth certificate? etc ?)
Did the mother have a will, and did the will give any instructions about guardianship of the children? (is the older child staying with his grandparents?)
Are there concerns over the fathers ability to care for the child ?
Is the father supporting contact between grandparents / brother and the child ?
Following the divorce, were any child arrangement orders in place through the court or mediation etc ?

I believe the grandparents would need to apply to the courts for guardianship/residency, and the Judge would look at what is in the best interests of the child in the long term. That he has lived with his grandparents along with his mother and half brother for most of his life would come into it. They will need to go and seek formal advice as to their options before taking any action - they don't want to put up any barriers which result in contact being restricted.

Peridot - just tagging in case there's any will/intestacy issues xxx

[Crocodile2]

Thank you. To my knowledge, he retains parental Responsibility and there were no official plans or orders regarding where the child lived following divorce. He was on birth certificate and was married at sons birth. I do not believe the deceased mother had a will (it was a fairly sudden death) although she had an informal conversation with the child’s father before her death asking him to leave the current arrangement for their child to stay with the grandparents and half brother after she died, to which he agreed. He now says he had no intention of adhering to this. He has said he will allow limited contact I believe but will not allow the child to go back to the grandparents. He has given no reason for this and I know the child (who has undiagnosed autism) was very settled in his home. The older half sibling is 20. It is very distressing for grandparents and half brother, any help or idea as to what a judge may decide would be really appreciated....

[Amethyst]

Unless there are concerns about the father being fit then it is likely that the court would deem it in the childs best interests to remain with his father. He's not an unknown, and they have had regular contact ... does the father live nearby to the Grandparents - ie. will the change affect the childs schooling etc?
The grandparents might want to seek formal legal advice so that the entire circumstances can be looked at and any options for formalising contact can be considered.