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Aibu-BIL & SIL split up - we still want to see the kids

81 replies

mumontherun14 · 06/05/2017 08:38

My husbands brother met his partner when they were both really young (late teens). They were together for 13 years and have 2 kids similar ages to ours. We all live in the same town. Over the years they have been off and on a lot. We have always seen the kids for birthdays, family parties, Christmas, school hols, sleepovers etc. My mother in law was always very good to the kids and would make every effort with them. My BILs partner had a bit of a troubled past and used to drink a lot at the weekends and was prone for drama/fighting with my BIL. He was no angel either and they were always arguing esp at weekends. Every time they fell out his partner would phone/text my mother in law and make threats and tell her if she didn't sort out her son then she wouldn't get to see the kids. This went on for years and my MIL tried her best to speak to my BIL and then they would usually make up again and it would all be forgotten. Now it seems they have permanently split up. My BIL has been out of the house for a few months and he has met someone else but it is very early days. He has got himself in a more steady place and has been working away with his job where he has good prospects. He has financially supported his partner for the past 13 years as she has never worked. Now he is going to pay her maintenance every week which seems to be the main thing she is concerned about. Our main concern is getting to see the kids and also for my MIL to get to see them as she adores them and has always kept up a good relationship with them. Do any of you have any advice? I think he will have rights for regular access ? Thanks! Xxx

OP posts:
Starlight2345 · 06/05/2017 17:55

Also when I did mediation my Ex said my Mil was going to take me to court for access ( she hadn't even asked me) .. Mediator said contact with parents is always sorted out first.

CrazedZombie · 06/05/2017 17:57

Access arrangements only need to be formal if the parents disagree or one side keeps on mucking about the other. If things can be worked out amicably then that's the ideal situation for everyone.

If he's always away Mon-Friday then a typical pattern of contact might be every other weekend and for him to use some annual leave every half term. (Next one is end of May)

Gallavich · 06/05/2017 18:02

Seriously, if the grandparents asked for leave to apply for contact when their father, the son of the grandparents, hadn't sorted out contact on his own account then leave would not be granted. And if BIL had his own agreed contact time then again leave wouldn't be granted because they would be able to have contact during his contact time.

Court for the grandparents is a red herring and really not something that should be considered at all. The circumstances do not warrant it.

RufusTheRenegadeReindeer · 06/05/2017 18:07

My sil didnt want us to see the children in her contact time ...fair enough

Once they actually divorced she went through periods of blocking his contact and then he moved away and obviously when he did have contact they went to his new home

We have not seen them since 2007, i doubt i could pick them out of a line up

Allthebestnamesareused · 07/05/2017 17:40

Have you actually contacted your nieces/nephews mum and just asked whether you can visit, babysit or have them over to stay with you?

You never know she might be grateful for a friendly ear and some support.

prh47bridge · 08/05/2017 08:57

In this particular case I do not think there is currently any need for MIL to pursue contact separately. However, a number of people have said things about grandparents that are not true so, for the benefit of any grandparents reading this thread...

No-one has any automatic right to contact with children. Some people have an automatic right to apply for contact. This does not include grandparents. However, grandparents can apply to the courts for leave to apply for contact. Contrary to some of the posts on this thread, the courts will grant leave provided there is evidence of an existing relationship with the child unless there is reason to believe that the application might be harmful to the child's well being in some way. The courts will only make an order if it is necessary. So, in this case, if BIL gets contact there is probably no reason for the courts to give MIL contact. However, if BIL fails to pursue contact or refuses to allow the children to see MIL, MIL may be able to get contact in her own right.

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