Upcoming court hearing for my brother’s son. 18 December 2021 at 3:58PM in MoneySaving dads 6 replies 721 views

Billieb1104

Hi everyone,

Looking for some help and advice please. 

(writing on behalf of my brother he is really upset by all this and doesn’t really know where to start)

My brother found out only a few days ago that there is a court hearing on Monday regarding his son (whom he hasn’t see for several years despite multiple efforts on his part). 

The court hearing is for his maternal grandmother to gain a residence order for my nephew to stay with her (he had been living with his mother at her house). From my understanding his mum has found a flat and wishes to move out with her son, but I believe the grandmother reacted very badly, threatened to call police / social services and kicked her out because she said she couldn’t afford private school fees and to send him to public school. 

Whilst in the care of his mother my brother had more contact with my nephew, any attempts in the past few years have been met with blunt responses or manipulation attempts - such as only if you apologise in writing for X, Y, Z. Yet she takes my nephew to see certain members of family on brothers dads side. - this is how we found out about the hearing. 

I have also been told my my nephews mum who I have since contacted that the grandmother has said she has full support of nephews dads family - including my brother (untrue), so I’m worried in case she has lied to the court. 

The grandmother has asked for references from the members of the family she allows to see him.  

Ultimately all that matters is that my nephew is well cared for and has contact with both parents unless they are found to be unfit. 

My brother has said he would happily have his son live with him, but as it stands he hasn’t seen him for years so wants to build up relationship first - he just wants what is best for him. 

My question is where does my brother stand, in terms of the court hearing he hasn’t been informed officially, I thought court would have contacted him about the hearing as he has PR ? Also he really wants to see his son, has considered court action but cannot afford it, if the grandmother is less involved he believes he will be able to see his son more easily. 

The grandmother does not have PR, both parents do. 

Thank you in advance !! - sorry for long post. 

tacpot12

Your brother should contact a solicitor for advice, specifically about the point that the grandmother may have lied to the court about his being consulted or agreeing to anything. He needs to find where the hearing is being held before it takes place, and his best route to doing so is via the mother. 

Billieb1104

tacpot12 said:

Your brother should contact a solicitor for advice, specifically about the point that the grandmother may have lied to the court about his being consulted or agreeing to anything. He needs to find where the hearing is being held before it takes place, and his best route to doing so is via the mother. 

Thank you for response, yes it’s a virtual hearing. I have told him to call the court as soon as they open Monday informing them he knew nothing about the hearing and to ask for a link for it. 

Just found out that a couple of people on our dads side of the family have written a statement in support of grandmother, as she allows only them to see him, not us or my nephews maternal grandfather. 

Brother is heartbroken and feels whole family are against him. And they obviously don’t believe he has tried to be in child’s life. 

Keep_pedalling

It sounds highly unlikely that a court would go against a mother on the grounds that she can’t afford to send a child to public school. 

Billieb1104

Keep_pedalling said:

It sounds highly unlikely that a court would go against a mother on the grounds that she can’t afford to send a child to public school. 

I think the cause for the order is that the mother wants to move out of her mums home with her son, grandmother has been involved in child’s life and doesn’t want that - in my experience she appears to be quite controlling. 

I think she has even accused her daughter of substance abuse, but don’t know how much of that is true - the daughter denies it and is happy to do drug testing etc. 

gizmo111

He needs to get on to the court and raise his objections, ask to be added as a party and involved in the proceedings.

Billieb1104

Hi everyone thank you for the great responses they were very helpful! 

He did contact the court, was involved in the hearing and is waiting to hear the judge's final verdict after reviewing evidence (possibly a couple of months), but all looking really positive! - He's written a letter to my nephew and sent some photos, looking forward to starting regular contact with him.

Thanks again, and happy new year!