Grandparents rights - Legal point of views?

Nicola - posted on 09/25/2013 ( 2 moms have responded )

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Hello,
Me and my husband live together with children. I have a 3 and half year old and a 6 month old. We advised my father in law on 30/08 that he was not allowed to flit in and out of our childrens lives anymore and could not take them the park for a few hours in the hope he would realise the error of his ways apologise for his beahaviour and genuinely want to spend quality time with his grandchildren. Then on the 02/09 he applied through courts for access. There are numerous reasons as to why we have denied access (he constantly sent suicide threats, was telling my daughter she was his favourite and the unborn baby at that time would not be she then believed that when the baby would be born we would not love her anymore, kept telling her he was the favourite grandparent and when baby come she could go live with him, disappeared with her on an occasion, used her in his bitter divorce telling her to not like the grandmother and say quite nasty things things to her) these are just a few of the numerous things he has done. The fact that we only said no on the Friday 30/08 and he went to the court in person on the monday shows how little he has tried to work things through with us and how little he thinks of the children. She has a great relationship with the other 3 grandparents and he his damaging that aswel as having a negative impact on my childs wellbeing.
Has anyone been to court before over this type of thins? what is general outcome and what do they see as him having played an important role in their lives? as one is only 6 months? and the other he went months at a time without seeing?
Also on a legal note he has only made the application in my husbands name, no one will speak to me (their mother about this), if I want my name putting on the application so I can attend the court hearing I have to prove im their mom in writing????????? which isn't enough time for the hearing on the 16/10.
So in short I am not even allowed in the court room?? how can this be? I am really confused as to what needs to or could be done. Any help appreciated

2 Comments

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Angela - posted on 12/13/2013

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My understanding is that generally GP rights are very difficult to get. If you and DH are married, it's even more difficult. I can't speak to your specific location, but I know that here in Alberta, if the couple is married, the GP must ask leave of the court to even apply for GP rights. Also, the court also makes the decision based on the best interests of the child, not necessarily what Gpa screams for. If you can prove that it is detrimental to your children for him to be around them, I would expect that he would not be given visitation.

♫ Shawnn ♪♫♫ - posted on 09/27/2013

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Depends on what country you're in. I'd advise you to see an attorney, and be prepared to prove that his being around is detrimental to your kids.

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