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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Grandparents rights - denying contact

18 replies

JJSS123 · 14/09/2019 23:13

Posting in here and have posted in AIBU for traffic as need advice. (Sorry)
I am no contact with my mother. She has mental illness has been absolutely vile to me for years moved away when I was young and left me to fend for my Self.

I have a very young baby (few weeks old) whom she has never met. I know what she has done to me and I cannot let that happen to my daughter. She has been sending me threatening messages for days (have reported to police) but this evening has said she is going for contact with baby and has posted a c100 form to the courts and I should expect a phone call from grandparents r us?

The anxiety this causes me is unreal. I cannot let her have contact with my baby she is spiteful and nasty and has a very dangerous side to her. All of which I have had done to me.

Can anyone please tell me where I stand? I am desperate.
Thank you and sorry for long post. X

OP posts:
Mner2019 · 14/09/2019 23:27

She has no rights. My mum took my sister to caught in a similar situation and it was rejected. Keep a note of everything that is going on as back up but she has no rights to see your DC.

JJSS123 · 14/09/2019 23:27

Thank you!!

OP posts:
Mner2019 · 14/09/2019 23:28

Sorry you are going through this. It’s such a shitty situation to be in

YobaOljazUwaque · 14/09/2019 23:29

I am not a lawyer, but my understanding is that there is no such thing as grandparents rights.

What there is, is limited to a CHILD's right to continue an established relationship with a grandparent they already have a bond with, in the event of a relationship breaking down between adults.

I think your mum is deluded and nothing will happen. The onus is on parents to honour the relationships that matter to the child. The only relationship that matters to your baby is the one with you.

MarieG10 · 15/09/2019 11:33

There is no established relationship, in fact no relationship. You are estranged from her. She has no rights whatsoever and all it is, is an attempt to continue her coercive behaviour which unfortunately you cannot stop but the judge will once the application is seen.

Awful and sad

JJSS123 · 15/09/2019 12:04

Thank you so much everyone. I’ve just had the police round after reporting online the other day. I felt I had to so I am seen to be protecting my baby as much as possible. They have agreed it is harassment and even said they think she’s nuts 🙈. They are going to speak to her today as a warning and then anything else she will be arrested. They mentioned going to CAB for a civil injunction which I am going to look into. Thank you so much everyone. I woke up in the night, not because of the baby she slept amazingly. But to check this thread and it’s honestly the first time in about a week I’ve rested properly. I feel so much better. Thank you so so much.

OP posts:
Collaborate · 15/09/2019 12:20

She can’t proceed with a C100 application without first applying to the court for permission. Permission won’t be automatically granted, so make sure you go to court and have your say. From what you post she is unlikely to get permission.

JJSS123 · 15/09/2019 12:40

@Collaborate will I be able to just go to court and defend my self? I can’t afford a solicitor but I am prepared to speak for my self and gather my own evidence.

OP posts:
Collaborate · 15/09/2019 13:08

Of course. You may not know what exactly the law says, or the nuances of the case law in this area, but you have a voice and you’ll have to hope the judge applies the law correctly.

JJSS123 · 15/09/2019 13:45

@collaborate are you a solicitor? I know this is so cheeky but is their any advice at all you can give me? I know how unstable and vile this woman is and I have a lot of screen shots to prove that. But I have no idea how I do this! She has told me she’s sent the c100 form but she is known to be a liar. I’ve had no correspondence about mediation or anything. Also she told me grandparents r us would be in touch but apparently that doesn’t exist? Trying to pull everything together that I can to prepare my self. Thank you

OP posts:
Mner2019 · 15/09/2019 15:30

My sister spent a fortune on a barrister at the time but I am sure with a bit of research, you could do it yourself. DM got legal aid - shows how long ago it was! Write down what you want to say in front of the judge, and keep focused.

If anyone can write any supporting factual letters, then that would be useful to have. We wrote a letter for Dsis...

Aaarrgghhh · 15/09/2019 15:37

Grandparents have no rights to their grandchildren. I wouldn’t even think about it and just ignore. I have a crazy mother and we are no contact, she doesn’t see my kids and I haven’t been taken to court for any access. Even my dad tried to pull this rights stunt and I just ignored and nothing came of it.

Mner2019 · 15/09/2019 15:40

OP can get taken to court by her mum as this is what happened with DM/Dsis but it will get thrown out.

GeorgeTheFirst · 15/09/2019 15:43

She has to apply for permission (leave) to make the application. Given what you say, she might not even get this. But even if she does, she is still unlikely to get a child arrangements order. You don't have to let her see your child, but you might need to explain to the court why you don't think it is good for your child to see her. The fact that it would cause you distress is part of the explanation.

Collaborate · 15/09/2019 18:42

I am a solicitor, though I couldn’t really give detailed advice on a message board. Usually I’d get a client in for an hour’s meeting and follow that up with written advice.

Wishiknewthen · 17/09/2019 03:15

Grandparents have no * automatic * rights.
In your case, as you have described it, there is nothing on your mother's side of the scales that would entitle her to have contact with your child.
Speak your truth - with any evidence you have - and try not to worry as she will not stand a chance.

JJSS123 · 20/09/2019 10:59

Thanks for the support everyone. Had no more contact since the police went to speak to her. X

OP posts:
Twisique · 21/09/2019 16:56

Hopefully she will stay away now!

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