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Original poster

Contact with granddaughter

45 replies

Paulinehenry64 · 19/04/2019 09:47

My daughter has decided that I can’t see my granddaughter because I don’t agree with her decision to stop my granddaughter and great niece from seeing each other because my daughter has fallen out with her cousin. I have told her it’s not fair to bring the children into there argument (the children are aged 3 and 7)I am now having to apply to the courts to see my granddaughter who I have had every weekend for the last 2 years and also help with childcare while they were at work and picked up from nursery a few times too. wondering if anyone might know if I will be successful in the court process I really don’t want my granddaughter to feel abandoned by me we have the most wonderful and close bond

OP posts:

BoneyBackJefferson · 19/04/2019 17:16

smallereveryday

thank you for your moral judgement. but do you really think that the OP taking her daughter to court is going to solve anything?

Especially as it seems that the OP may well be very vocal in her opinion of her daughter.

Original poster

Paulinehenry64 · 19/04/2019 17:54

Im not vocal that’s the problem I’m being bullied and this is what it has resorted to I asked for help and too many people have assumed I’ve done something wrong all I’ve done is try to keep my family together even the other grandparents are scared to speak up in fear of being band too

OP posts:

smallereveryday · 19/04/2019 18:18

BoneyBackJefferson. You appear to be suffering from a reading comprehension problem. My entire post was specifically about Legal being for Legal advice. Yet once again you offer moral opinion. The OP didn't ask for this ! She asked for very specific advice and legal opinion on the likelihood of a successful application for a CAO as a grandparent.
The answer is that with her longterm close and regular relationship with the child stands her a very good chance of success.
Wether it is the best course of action morally is neither here nor there . Save it for AIBU /WWYD/relationships boards.

BoneyBackJefferson · 19/04/2019 18:35

smallereveryday
You appear to be suffering from a reading comprehension problem.

As do you, and hypocrisy by morally judging others.

You seem quite happy to ignore the overall outcome of taking her daughter to court' this isn't a moral point but what will happen.

And even if the OP wins there is no guarantee that her daughter will abide by the courts order and then where does she stand.

over50andfab · 19/04/2019 18:59

Look, everyone has a point on here, whether legal or moral. Personally I bow to the view of someone who seems to know the law better then myself who was only guessing. So I retract the sentence where I said that the OP taking her daughter to court would probably get her nowhere. However the relationship between all concerned going forward is what matters.

timeisonmycider · 19/04/2019 21:55

Hello Op,

I'm not a lawyer but I'll give you some advice from what I learned when I asked the same questions in fear that my (unconvicted) sex offender parents could get access to my children:

There are no such thing as 'grandparents' rights, however under the children's act children have a right to maintain beneficial relationships with grandparents that are regular and established (as in your case) if these are in the interests of the child (the interests of the grandparent have no bearing)

Court ordered contact is generally successful if the grandparent can show that the child will suffer a detriment by the established relationship ending

As far as I understand it the court generally looks to assert the rights of children to see their grandchildren as a way of addressing estrangement when couples separate / divorce. Generally one parent would be supporting the court access whilst the other opposing it. If both parents oppose it you will have a much harder battle to fight.

MrsBertBibby · 21/04/2019 06:02

OP, I am a family solicitor.

Agree with what JustAnotherLawyer has said. If all other avenues are exhausted and your daughter isn't budging, then court is your only option bar walking away. And on what you say I think the court is likely to be keen to restore your grand daughter's relationship with you.

Good luck.

Collaborate · 21/04/2019 07:55

Only just seen this thread and for a while thought I was on AIBU. Jeez - some of the responses!

FWIW I agree with the other lawyer’s assessments. I’m pretty confident you’ll get leave to pursue the application and will end up with some form of contact. Ignore the posters telling you otherwise, who are simply offering you their personal view rather than a legal opinion (which unfortunately we seem to get a lot of these days in Legal).

Original poster

Paulinehenry64 · 21/04/2019 19:15

Thank you for you positive responses shout get my case number and first hearing date this coming week I’ll let you know how I get on

OP posts:

Collaborate · 21/04/2019 19:45

Yes, do come back and report, if only to demonstrate to the naysayers how wrong they can be.

smallereveryday · 22/04/2019 16:52

Boneybackjackson - I have no argument with your moral standpoint which would be completely appropriate on AIBU , but it's NOT AIBU!! It's legal / so unless you know the legal position.. your response is not helpful - as the question related to 'what are my chances in court '!!

Original poster

Paulinehenry64 · 29/05/2019 09:08

Quick update: went to court yesterday and have been granted permission to see my granddaughter the judge has seen it for what it is seen through their controlling behaviour and the fact that my granddaughter is used as a weapon to try and break my spirit and anyone else who does not agree with my controlling daughter and her partner thank you to justanotherlawyer for your positive support

OP posts:

JustAnotherLawyer · 29/05/2019 09:39

I am very pleased that your relationship with your granddaughter has been re-established.

Well done.

Hoppinggreen · 29/05/2019 09:41

Yes, I’m sure that’s exactly what happened

MrsBertBibby · 29/05/2019 20:45

Good news OP. Hope it all works out.

YouWhoNeverArrived · 29/05/2019 21:56

I'm very pleased you got the outcome you were hoping for.

I have no idea why people post such total, unevidenced shite on threads in Legal. OPs post in Legal because they want an idea about the law. If they wanted opinions about their life choices, they'd post in AIBU.

smallereveryday · 31/05/2019 13:40

^ This with bells on. !

Well done Op. what did you get contact - wise. ? Supervised/unsupervised? Overnights? Really pleased for you.

HappyHammy · 01/06/2019 19:37

How often will you be able to see your gd now. Were there any conditions applied. Has this outcome affected your relationship with your own daughter.

Original poster

Paulinehenry64 · 01/06/2019 21:45

Back to what it was unsupervised Saturday until Sunday and I can take her on holiday too my daughters partner is none too pleased (had a feeling she was behind it all) I am working things out with my daughter we will be good

OP posts:

HappyHammy · 01/06/2019 22:02

Great outcome. Hope it all works out well for.everyone. families. Who'd have 'em

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