Grandparents rights?

[yummymummy2024]

Hi all

March of this year I went no contact with my abusive mother. She has been emotionally & physically abusive to me my whole life. Unfortunately because I was mostly young when the physical abuse took place, I didn't have the resources to report to police. The last time she was violent towards me I was 20 yrs old but was too frightened to report to police as I was living with her and working in her business (not through choice).

I am wanting to start my own family now, however I am extremely worried that she will find out I am pregnant/ have had a baby and try to sue me for grandparents rights. We are in Scotland. What would the chances be of her being successful at this? If I thought there was a chance she would have access to my future kids I would likely not have them at all. Or need to move to other side of the world in order to keep them secret.

Can you please advise me here.

This is a really sensitive subject for me so I would appreciate helpful answers based on your own experience where possible. Not just "she could sue you for grandparents rights" with no further information- here in Scotland they aren't automatically entitled to grandparents rights so I believe.

I don't have experience but I do have this: digitalpublications.parliament.scot/ResearchBriefings/Report/2021/6/2/6cdf708d-60a9-4422-b797-49f172fc2deb digitalpublications.parliament.scot/ResearchBriefings/Report/2021/6/2/6cdf708d-60a9-4422-b797-49f172fc2deb]]]] . Which suggests it's highly unlikely she would get anything as not in the child's best interests, regardless of circumstances, to have contact with a stranger.

You will want to make arrangements in case of your and/or your partner's death before hers though, I am afraid. As that might be seen as being in the child's best interests for a grandparent to be involved.

Thank you! That's a really good point about getting something added to our will, I was thinking that today.

That link you posted unfortunately isn't working for me xx

Grandparents have no automatic rights. Don't worry about that.
Make sure to write down wishes for a child if you die but its a good idea to do regardless.

A child's best interests comes first in family courts. If your child never originally developed a relationship, they couldn't argue the child was harmed by a loss of an existing relationship.

Thank you!

I know they have no automatic rights, it's in the instance that she would want to take things through the courts that makes me anxious incase she won for visitation rights.

Yes we will get the will sorted xx

She will get a no at court.
She has no rights to visitation. She has no right for any information about your children or any contact. It's 100% up to you.

My birth parents have never had any contact or seen our children. It won't happen. My choice.

I have professional experience of grandparents being given contact orders in courts, sometimes supervised sometimes not. HOWEVER - they have always been cases where the child has had a pre-existing, close relationship with the grandparent. This will not be the case in your case. In your shoes I would likely speak to a solicitor just to satisfy my own paranoia.

Thanks for your response

Can I ask where you are located?

Yes I think I will do that just so I can go more in depth with a solicitor who can hopefully give me even more peace of mind. xx

Scotland.