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Grandparent's right to see grandchild.

(9 Posts)
Birthhippy9 Mon 05-Nov-12 20:49:30

If a parent has had a rough upbringing from their own parent and thinks that their children are better and safer not spending time with their grandparent how does the situation stand legally? Can the grandparent insist legally to see the grandchildren even if they had only seen them one per year since they were born and therefore don't have a relationship with them as they aren't old enough to know them yet.

HecatePhosphorus Mon 05-Nov-12 20:51:59

click here

If this info is up to date, it appears that they have no automatic right.

Hassled Mon 05-Nov-12 20:55:40

My understanding (not a lawyer) is that grandparents have no automatic rights, but can apply to the courts to get the right, IYSWIM. They'd have to be able to prove/argue that it was in the child's best interests for contact to exist.

coffeeandcream Mon 05-Nov-12 20:57:05

My DS1 is due in less than four weeks and he will never ever see my father. He is a cruel abusive sadist who I won't allow anywhere near an innocent child.

I'm a mother lioness, hear me ROAR!!!

Birthhippy9 Mon 05-Nov-12 21:20:12

Thank you for responding. I wonder if seeing a child one a year when they are not yet four counts as a meaningful relationship.

HecatePhosphorus Mon 05-Nov-12 21:38:34

I doubt it.

The parent should just take advice from a good lawyer.

Is the grandparent already taking legal action or just threatening it?

If threatening, I'd be inclined to either just ignore, or point out that any legal action will result in the parent giving every single example they can, in court, of the grandparent's treatment of the parent.

Perhaps they won't want that in court?

Birthhippy9 Mon 05-Nov-12 21:59:21

Hecate thank you. You've got a very good point there. The grandparent is threatening the parent with (completely unwarranted) social services reporting just to cause untold misery because they cant get their own way. I wanted to find out for that parent what their rights are as I don't like to see their family feeling like they are "living on a knife edge" with the grandparent's games. Thank you for that excellent point.

ZillionChocolate Tue 06-Nov-12 12:50:30

I'd suggest the parent keep a diary of the contact they're having with the grandparent, particularly the threats to contact social services. If these are ever written, or in text message form, they should be retained.

They might not get anywhere, but I'd think about letting the local social services department know that these threats are being made. If the parent has no concerns about their parenting/home conditions etc then they have nothing to fear from social services.

edam Tue 06-Nov-12 12:55:09

As others have said, grandparents have no automatic right of contact. The grandparents could, in theory, try making a court application but it's extremely unlikely they would succeed. This is sheer bullying by the grandparents.

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