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Grandparents rights

10 replies

Zoemay123 · 17/03/2019 08:28

Just a quick one to see where I stand...
So I'm due my little boy in three months time, me and the child's father have split mainly down to his mothers drug/alcohol abuse whilst living together and further issues e.g. Bringing known rapists into the house, allowing drug dealing from the house, bringing numerous random men into the house at night ( had to leave for the sake of mine and my babies safety)
However the child's dad is now threatening court to have our son at his house with his mother every Friday-Sunday, for obvious reasons this can not happen because of his own drug abuse and also the reasons listed above with his mother, and I know this could not be granted until our child is much older however I'm concerned for if this is granted in the future.
So my question is, if he is granted over night stays in the future would I have any say in the baby not being in her house, and as I believe she is dangerous and would cause harm to the baby, is there any way of me preventing her from seeing the baby full stop?
Thanks in advance for any replies xx

OP posts:
Zoemay123 · 17/03/2019 08:29

P.s he won't be going on the birth certificate either, not sure if this effects anything.

OP posts:
slipperywhensparticus · 17/03/2019 08:32

Without his name on the birth certificate he has no rights he can take you to court to go on it then take you to court again for access if you have proof they are on drugs call the police get them raided

WhiskyTangoFoxtrot · 17/03/2019 08:36

Neither parents nor grandparents have rights.

Parents have responsibilities towards the DC, which means they have the right, indeed duty, to make decisions for them, eg on medical matters, education etc.

The DC has rights, including an important one to a relationship,with both parents. This has to be balanced against the responsibility to keep them safe.

I think it is highly unsafe to allow a child to visit a place from which dealing occurs, or unsupervised with someone using drugs frequently.

You can, if you cannot agree with the father, sort it all out in court. How much of what you have written here can be evidenced other than by your say-so. Have the police or any other organisation been involved?

troubleswillbeoutofsight · 17/03/2019 08:40

Firstly I advise not having his name on the birth certificate. In my DD's experience this led to the child's father not actually bothering after the initial 'I wanna see my boy' whining which lasted all of a couple of weeks until the novelty wore off. She, too, was in a similar predicament with him and his dodgy parents and always said that contact without her would only happen over her dead body. Luckily for her he would never had spent money on court when it could be spent on drugs. My DD never withheld contact but stipulated she had to be there and that she would never, ever go to his parents home. ( She even paid transport costs for her ex to travel the huge 5 miles to see his child, he then asked for food money too!) This was solely to protect her child. Sadly this has resulted in contact being very sporadic which is terribly sad for the child. It's just something you have to decide yourself keeping the child's best interests paramount at all times.
I'm afraid I don't know how much you can influence where he has the child if he was to be given the right to have contact. I'd hope someone with a legal understanding will help you here

troubleswillbeoutofsight · 17/03/2019 08:42

Sorry it takes me so long to type that I hadn't seen that he's not going on the birth certificate

BlueMerchant · 17/03/2019 08:43

I'm sure if he was ever allowed overnight access ( long time away if he needs to prove paternity and is not on the bc) then I you can agree to it only on terms of him having his own home for child to stay overnight.

Zoemay123 · 17/03/2019 08:51

@WhiskyTangoFoxtrot The police haven’t been involved through my own doing however the police have been involved in the past with his mother to do with possession of drugs, im not sure if this could be used as any kind of evidence? I also have evidence through text of dealing/using of drugs taking place in his home but again I don’t know if messages would be a strong suit of evidence x

OP posts:
Zoemay123 · 17/03/2019 08:57

@troubleswillbeoutofsight
How horrible for your daughter and her little one, however it seems they’re probably better off without! I’m hoping mine will do the same and give up once he realises the amount of effort and money he will have to spend on a court when that time could be spend smoking cannabis, fingers crossed the novelty will ware off and he can take his trouble and drama else where! Xx

OP posts:
Starlight456 · 17/03/2019 09:40

I would just cut off contact for now . Things I have read ( I have no legal training) if grandparents have regular contact then they can apply for access so keep her away.

I don’t know why people keep saying without been on the birth certificate he can’t go to court . It is a process but otherwise thousands of fathers would just be denied contact through not been in bc which if they are not there can’t be named anyway.

Chocolate50 · 17/03/2019 18:58

Courts are keen on children knowing both parents & maybe you could negotiate something without his mother- or maybe in a more controlled environment like a soft play with you present? I understand your concerns but if you let him know your expectations of him now & then he doesn't show that he wants to or can meet these then you'll have tried & you can go into the court stating this. I would keep everything in writing as well

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