My son and his girlfriend split up about a month ago..she kicked…

OK, if the parents can't work something out then one of them should go to court right away. It might as well be your son.

When he's doing his court papers, make sure he also prepares a motion for a temporary order for custody or access.

In the meantime, you've asked if the mother or maternal grandmother can stop him from seeing the child. The short answer is "no". If he went to the grandmother's home and asked for the child and she refused and he called the police one of two things would happen. Either the police tell him that the child appears well cared for at grandmother's home so he should take this up in family court, or the police will give the child to the father because he's the father and his parental rights supercede grandmother's.

The grandmother will claim that her daughter has given her custody or primary residence, but the mother doesn't have that authority.

In fact, the father could simply go over there and take the child. But that might be harsh, and mother could make father look bad if he did so. If father intends to go this route then he should call the police first himself to make a report of what's going on and what's about to happen.

This kind of self-help is frowned upon by the court. While at court today to get paperwork for custody, father should speak to duty counsel about how likely he would be to get an emergency order for custody, or at least a motion heard on short notice.

Does that assist you? If you wish to discuss it further then please reply before you rate the service.

Ulysses