grandparents taking me to court for residency and access unsupervised of my children part 2

Ms_Chocaholic

If there's been no Social Care involvement (from what you've said of a FSW being involved that isn't sufficient) then CAFCASS will be ordered to complete the S7. Remember to be child-focussed at all times.

MsVincy

Hi gixer,

I don't post much, but I'd like to offer my two-pence worth.

A few posts back I believe you said that the Court have to decide whether to hear the application. If that is correct then the purpose of the next hearing will be to consider giving the GP's permission to apply or not. Certain factors will be taken into account including how often they saw the children, their bond with the children if any and even your wishes as the biological parent as you are the only living person with parental responsibility.

The allegations of abuse complicate matters but may well preclude the grandparents going further if the court accept this. You will have to mention this and any other objections you have against contact. It might help to write them down and read from that.

At all times the court will bear in mind what is in the best interests of the children.

Only if permission is granted will the court direct a S. 7 report to be filed.

Re your statements - there is no need to retract these as they are only with the solicitor not on the court record, if I understand that correctly. However, if statements are ordered you should limit the number filed.

Hope this helps.

gixer71100

Ms_Chocaholic wrote: »

Hi


Just a few questions to get myself (and others) an understanding of the situation:


I have just read your other thread briefly - can you let me know who was the main carer for the children before your wife died and have you been their main carer since then?

How much contact have the grandparents had with the children prior to your wife's death - daily/weekly/monthly/only birthdays and Christmas.

Have you reported the harassment to the Police? If not you need to but it might be too late now.

Are Social Care involved with your children? If not, why did you not answer no to the Barrister.

What is the reason you want to withdraw the statements you have submitted to the Court.


NB: It's not worthwhile taking someone with you to Court, they are not allowed in the Court room with you unless they are a McKenzie Friend.

Hi, Thanks for your reply.


The main carer was my wife, we were seperated and getting a divorce. I did see my kids weekly. I am now the childrens main carer and have been since she passed away.


The grandparent and step grandfather helped care for my daughter children weekly up Aug 17, the grandparents took little interest in my son who is younger and has spent less time with him.


Concerns about the grandparents behaviour were reported to the police Feb 18. Court letters came to me in June 18.


The barristerr asked me before we went in the court for the initial hearing last week. I answered no as I didnt want to tell him as he is the grandparents barrister and I was flustered. The PSU worker who helped didnt want me to say much to the barrister.



Yes I have social care help , but it is voluntery . I have a family suport worker. I asked for support back in March 18.



I have a PSU member helping me, they are attached to the court, they advised me that we had sent in too many statments and needed to half the amout. This is my reason for retracting statements.


Thanks for your help.:)

gixer71100

MsVincy wrote: »

Hi gixer,

I don't post much, but I'd like to offer my two-pence worth.

A few posts back I believe you said that the Court have to decide whether to hear the application. If that is correct then the purpose of the next hearing will be to consider giving the GP's permission to apply or not. Certain factors will be taken into account including how often they saw the children, their bond with the children if any and even your wishes as the biological parent as you are the only living person with parental responsibility.

The allegations of abuse complicate matters but may well preclude the grandparents going further if the court accept this. You will have to mention this and any other objections you have against contact. It might help to write them down and read from that.

At all times the court will bear in mind what is in the best interests of the children.

Only if permission is granted will the court direct a S. 7 report to be filed.

Re your statements - there is no need to retract these as they are only with the solicitor not on the court record, if I understand that correctly. However, if statements are ordered you should limit the number filed.

Hope this helps.

We jumped the gun a bit and already sent statements the the applicants solicitor and to the magistrates , 3 to the magistrates and one to court admin. We sent over 10, thats why I wanted to retract some. Can I do that? If so how do I do this please? Also sould I put together a few reason why I object ready for the next court date?

Thanks for your help in advance.

MsVincy

I'm a little confused about what statements were sent where. Did you not send the same copies to all? If the application is granted you can ask at that stage for the statements to be retracted, bearing in mind you will be required to file further statements later on in the proceedings.

You say that the GP's had weekly contact up until last year. This has stopped but shows that there was a relationship between them and the children, nothwithstanding the abuse allegations. The court will be concerned that the children maintain a link with the maternal family now that their mother has passed, but as stated before your view as the biological parent is important. If there is conflict, which there clearly is, the court will need to consider the longterm effect upon the children of these family dynamics.

Having said all of that, from the information provided, it sounds like they might succeed in getting permission to apply. However, this doesn't mean that they'll succeed in getting a contact order. That's the next part. The court will carry out more thorough investigations via the S. 7 reporter before reaching a final decision.

gixer71100

MsVincy wrote: »

I'm a little confused about what statements were sent where. Did you not send the same copies to all? If the application is granted you can ask at that stage for the statements to be retracted, bearing in mind you will be required to file further statements later on in the proceedings.

You say that the GP's had weekly contact up until last year. This has stopped but shows that there was a relationship between them and the children, nothwithstanding the abuse allegations. The court will be concerned that the children maintain a link with the maternal family now that their mother has passed, but as stated before your view as the biological parent is important. If there is conflict, which there clearly is, the court will need to consider the longterm effect upon the children of these family dynamics.

Having said all of that, from the information provided, it sounds like they might succeed in getting permission to apply. However, this doesn't mean that they'll succeed in getting a contact order. That's the next part. The court will carry out more thorough investigations via the S. 7 reporter before reaching a final decision.

The statements of truth have already been sent to the magistrates (3 of them) and one to the court admin, also 2 copies sent to each GP, but I did this too early. Thanks for your advice its much appreciated. Gixer

Comms69

Im confused, what exactly are they applying for?


Can you post the exact text?


The default position of the court is that you are the parent. Grand parents have ZERO default rights in this country.


It seems like they're throwing money at this to scare you. (was the magistrates a family law centre?)

scaredofdebt

I went to court a few years ago to get joint residency order for my children as my ex wife had been frustrating contact, so my situation is/was quite different but I can give you a bit of insight perhaps.

The court will try to do what is best for the children, so based on what you have posted (I have read your other thread) there is ZERO chance of the GPs winning. The only possible issue is if they can demonstrate you are not a fit parent, ie the children are neglected/abused etc. The court might want to maintain *some* contact with the GPs but unlikely if the judge thinks there is a risk of abuse etc.

Family court is not intimidating, I was very worried before I attended but it was nowhere near as bad as I expected. You can get a Mackenzie friend to help and they are a lot cheaper than a solicitor, mine charged me a couple of hundred pounds for all the email advice and then attending court with me on the day.

Good luck!

Rubik

You can get a Mackenzie friend to help and they are a lot cheaper than a solicitor

That's because they are unqualified and uninsured.

It's not worthwhile taking someone with you to Court, they are not allowed in the Court room with you unless they are a McKenzie Friend.
Originally posted by Ms Chocaholic

Anyone can act as a McKenzie Friend - all you need to do is tell the clerk that you wish to bring a lay supporter into court with you, and complete the form they will give you. As long as your companion ins't an interested party to the case, there shouldn't be any problems. They can't address the Court, but they can speak quietly to you, take notes and provide you with moral support.

squirrelchops

https://www.frg.org.uk/

Please contact the Family Rights Group as per above webpage. They are contactable on the telephone and the forums are useful.

Have you checked if your Court has any free legal sessions for family cases as I know in some courts they do this.

CAFCASS will undertake checks with the Local Authority (ie social services department) regarding any referrals or involvement that they have had.

The Section 7 report will focus on the children's needs, views of applicants and respondent and taking heed of the welfare checklist ie child's welfare is paramount and also that if the court can grant 'no order'. That no order should always be considered before an Order is made.

During the S7 it may be that all parties find a way of agreeing a way forward for the children and this would be the preferred option of the court.