Grandparents rights

LL30

Any info appreciated.

I recall there being a kerfuffle a little while ago over the rights of grandparents and that there were proposed changes afoot.

Anyone in the know on this? And does anyone have any experiences of denying grandparents access? (Not a decision I have taken lightly and with fully justifiable reasons)

Thanks.

adamantine

grandparents still do not have any legal rights but if it can be proved that its not in the childs best interest to have no contact a judge possibly may award contact but not without very very good reasons!

my ex's mum tried to take me to court for grandparents access. the exact wording IIRC was to "maintain contact" with the children. she had seen DS1 twice in 3 years and DS2 once and didnt even want to hold him so she stood no chance whatsoever and her solicitor was sent a reply of "there is no contact to maintain" and we were not contacted again. that was 3 years ago.

MrsManda

The family justice review final report was published in November and is being considered by the Government.

It recommends that the requirement for grandparents to ask for the leave of court before making an application for contact should remain so that the court can make a judgement as to whether the application is likely to succeed - taking into consideration the interests of the child.

Also that Parenting Agreements should encouraged to set out provision of care when parents separate and this could include grandparent access.

As adamantine says, grandparents don't have rights of access but can apply for a contact order which will be considered in light of what is best for the child.

The justice review report can be downloaded here if you're interested
http://www.justice.gov.uk/publications/policy/moj/family-justice-review-final.htm

LL30

That's reassuring, thank you. The grandparent in question has never met my daughter and didn't even visit her when she was fighting for her life in NICU due to her premature birth. She was incredibly abusive to my lo's father, resulting in him being placed in care, but is now trying to form a relationship with him (again, she will pull him in and push him out, causing mayhem along the way - he's aware of my feelings about this). He has been incredibly unwell, and doesn't have my daughter on his own yet. I know there will be a time when this happens though, and I'm concerned about how I can prevent her becoming involved during the times that he has her. I would like to think that he won't let contact happen, but I know how manipulative she is. I don't want my daughter dragged into this mess, but I'm not sure what I can do. I certainly don't want contact between my lo and her Dad to be disrupted as this is important for both of them, but I am not having his mother harming her....oh what to do....

LL30

Thanks MrsManda - I will have a read of that tonight

Nicki

Sounds like what you are actually after is a prohibited steps order, preventing your partner from letting your child spend time with the grandmother when she is in his care, rather than trying to resist an application by the grandmother for access? Two separate things. I think you probably need to get legal advice on it to be honest.

LL30

Thanks Nicki - I knew they would be a technical term for it. At least I know what it is I'm after now

daska

You will have to demonstrate why this woman mustn't have any contact - i.e. not just personal animosity. Contact orders can be used to prohibit things as well so the other way to do it might be, if your daughter's dad applies for a contact order, to request the order state that contact is not permitted when his mother is around or at any location where his mother might be present - there'll be better wording for that LOL. If you're really worried about whether he might not observe this restriction you could request that contact is ordered to take place in a contact centre. There's then freedom to allow additional contact if agreed between you - the key being 'agreed', not just requested.

ses6jwg

No they don't - just like fathers.

Another travesty in British family law.

LL30

Thanks for the input. I've spoken to her Dad about it this afternoon and he's in full agreement that his Mum shouldn't have contact with our daughter. If his mother were to seek help for her mental health issues, then maybe the situation would be different, but unfortunately she's still not at a stage of acceptance. He's agreeable to us getting an order, thus protecting all parties involved (so if his Mum does make efforts to try and persuade him to let her see her, he can blame it on the order - and me! He has aspergers too, so these sorts of 'cut and dry' situations work well for him!) We have a long way to go until I have to worry about it, but it's good to know what can be done and I'm going to get in contact with a family law solicitor in the near future to see how long the process would take.

Major concern is how the rest of the family will react...I don't think his sister will take it very well. Although she appreciates that her Mum's behaviour is unacceptable, ultimately, she is still her Mum. It's going to have to come out one way or another though as I actively encourage contact with all of his side of the family (except his Mum obviously).

daska

I would imagine that having both parents apply for a prohibited steps order will quite probably make it easier to get.