Grandparents rights if they have had no contact with parents or child

[luckz666]

hi,just a bit of advice really...myself and my bf havent spoken to his mum in just over 10 years because of trouble she caused when we first met! now we have a 10 month old baby who she has had nothing to do with we have received a letter from a solicitors regarding contact and mediation! i cant believe it! we both do not want her to have any access! any advice would be much appreciated!
I have contacted a solicitors as her letter advised and they are writing back stating i am agreeing to nothing.
i am terrified...

[bamboobutton]

if you are in the uk then grandparents have bugger all rights, zilcherooni. especially if both parents don't want contact.

let her waste her cash on solicitors, she will get nowhere.

[luckz666]

my solicitor said that she may get contact and it will probably go to court! :(

[luckz666]

she kicked her son out (my sons dad) on his 13th birthday to go and live with his dad and havent had a close relationship since.
when our son was born she turned up at my mums house with presents and flowers which we returned. she then has sent numerous letters (to my mums and bf dads houses) demanding contact. she is now pestering friends of ours to find out where we live and spreading rumours around about me.
were besides ourselves about it all

[chickensarmpit]

I thought it was only parents who have rights?

[prh47bridge]

Grandparents can apply to the courts for permission to apply for a contact order. A contact order will only be granted if the courts consider it is in the child's interests.

[luckz666]

I dont see how our soon would benefit from seeing her! i know shes doing it to be vindictive and nasty! she has other grandchildren she doesnt see and she has done nothing about it

[purpleapples14]

Sounds like this will lead to court. Prh47bridge is correct. Likely process is you will be asked to respond to her application/statement by way of a statement. A cafcass officer will be appointed to represent your sons interest and will also do a report detailing whether contact in best interest or not and that's how the process will develop. Detail all your concerns in your statement.

[luckz666]

I just cant believe that someone could make someone who you dont want to see your son see him. Were the parents and we should decide.
Any ideas how long the process takes?

[Fifi782005]

Hi luck
I have replied to you on the other thread in legal you posted on . Our case took about two years from the 1st letter asking to attend mediation which we refused .

[luckz666]

crikey! the letter she sent does state about mediation that was dated 10thjan and we havent heard anything since.

[prh47bridge]

"We're the parents and we should decide"

The courts will only intervene if they decide it is in your son's best interests. Sadly, some parents do behave in ways that are not in their child's interests, treating their child as property and contact as a prize to be earned. That is why the courts can intervene.

I am not, of course, saying that you are in any way behaving like that.

[luckz666]

Like i mentioned before she kicked her own son out at 13 and never had much of a relationship with him. She has made it clear that she doesnt and never has liked me and it trying to do it to cause trouble,she is telling others that i have brainwashed her son!
She has been seen dancing in the local town to a busker,imitating sexual acts on statues on holiday and in the pub she uses being touched inappropriatly by a man she had just met.
We do not want our son to see her!!

[iwantanafternoonnap]

I thought that the only way a grandparent would have rights is if they had built up a good relationship with a grandchild and then that contact was suddenly taken away for no reason or relationship breakdown between parents. This of course would not be in the best interests of the child to lose a much loved member of their extended family.

For example my mum does all my child care if I were to suddenly deny access she has every right to go to court and would most likely get contact as she has been a huge part of my DS life. However, my ex's mother, who has had very little contact with DS and has only seen my DS twice (since ex fecked off with OW in Oct 2011) and hasn't seen him his since June 2012 and sent no birthday or christmas presents etc would stand no chance of getting contact if she were now to go to court as she has never had a strong relationship or even attempted to maintain it.

Sorry for the poor grammer and spelling just finished a 12 hour night shift!

[luckz666]

same as my parents they have a very close bond with him and as its their first grandson he is spoilt rotton by them. my dad is currently having radiotherapy for cancer and she gives them dirty looks and points at them when she sees them. she has also posted letters to their home,they have enough to worry about.

[myBOYSareBONKERS]

It might be worth your solicitor writing that they must only contact you about the matter and to leave your parents alone. It could be deemed as harassment if they then continue contacting them which wouldn't look favorable if it did go to court

[purpleapples14]

Also depending on the contents of the posted letters to your parents, consider attaching them as exhibits to your statement. I.e. Attach if threatening in nature, otherwise don't bother.

No, no afternoon nap unfortunately grandparents can seek contact suddenly and out of the blue even if there is no existing relationship or there hasn't been one. You simply must show the court how and why it is not in the child's best interest.

[purpleapples14]

Beware of penal notices which can be attached to court orders. They seek to punish the party who breaches the order. But again, it takes ages before such a notice is attached and it is never attached automatically from the start.