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charmed76 | 18:40 Mon 05th Jan 2015 | Law
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Hello

I have a SGO for my granddaughter and my son (birth father) has an access court order for every 3 weeks for 1.5 hours but I have just found out he has been sent to prison for 12weeks.

My question is if I don't take my granddaughter to the prison for contact am I in breach of this contact order?? She is 17 months old and more aware of her surroundings now I did take her last time he was in prison but she was a lot younger and not so aware. I just don't think its appropriate.

Advice needed
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Is your son reasonable? Will he demand to see his daughter whilst he is in prison?
Is social services involved?
How long will he actually be in prison for?
To visit someone in prison you need a visiting order, or at least you do to take the child. So you can't just turn up at the prison and see him. The prisoner has to apply for a visiting order so it's up to him to organise.
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He got 12 weeks for non compliance to community order (unpaid work). He may demand access no he is not reasonable hence why I have full custody of my granddaughter under special guardianship. Social services closed our case in August 2014.
Charmed, with respect to answers given, you are allowed 1/2 Free advice from a Solicitor for "CORRECT ADVICE" with something that's important like this & could get you in bother, I would ask the right people.
If he got 12 weeks he only serves 1/2 so that drops it to 6 weeks. Then he will get release on 'tag' for the last 4 weeks, so he will be out after just 2 weeks inside.
I can understand your predicament in not wanting to breach the order and also not taking your Grandaughter into a prison now she is older. As the jail term is so short and with good behaviour/tags etc it could be shorter can you make yourself and Grandaughter unavailable like not opening the VO when it arrives or one of you being ill, Health visitor appointment.
at 17 MO, she will not remember a thing about it - what's your earliest memory?
How long is it since you heard he was in jail?
If he was only given 12 weeks he really will be out after 2 weeks.
It is going to take longer than that to get a VO.
Phone the Family Court for advice.

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