if grandparents have helped to look after child while parents work, parents have now split up, can the mother stop grandparents from seeing there granchild
2006-10-04 20:57:40 · 24 answers · asked by bit of fluff 2 in Family & Relationships ➔ Marriage & Divorce
Assuming we're talking about the law in England & Wales, if the grandparents are being prevented from having contact with the children, they need to apply for leave to apply (yep, that's right, it's a two stage process) for defined contact under the Children Act l989. The forms are downloadable from the Court website www.courtservice.gov.org.
There's a fee (sorry, can't remember how much). The application for leave to apply goes before a district judge and in almost all cases, the grandparents will be granted leave. They then file the application for contact and the matter is listed for a brief directions hearing. A Cafcass officer (social worker) will meet everyone and file a report recommending what should happen about contact. The parents, grandparents and any other relevant people file statements and the court makes a decision. In many cases, these things are settled before the final hearing.
2006-10-05 00:19:23 · answer #1 · answered by david 2 · 1⤊ 0⤋
Why should she stop the grandparents for seeing their grandchild? I don't think she can legally unless there is an endangerment issue. And as the grandparents helped look after then child, it is more important for the child to see them. To stop it will only make it the child even more distressed with an already upsetting situation
Even though I am divorced and dont get on with my ex, I have never ever stopped my kids from seeing their graqndparents. The break up has nothing to do with them, it was between me and their son.
2006-10-04 21:06:04 · answer #2 · answered by Feline Female 4 · 1⤊ 0⤋
Grandparents have some rights to see their grandchildren. Although the only way to make sure is to see a solicitor in the Family law. Extended families are vital from the childs development and it is vital that the grandchild has rights to see their grandparents. Grandparents I believe have rights for access to their grandchildren. Mediation maybe a good chance for both the Parent and the grandparent to agree on access before the pain staking of solicitors.
2006-10-04 21:09:15 · answer #3 · answered by bellesherrie j 1 · 1⤊ 0⤋
Here in western australia the family law courts recognise the role grandparents have played in a childs life, they have the right to go to court and demand access just the same as a parent does
And thats how it should be , divorce is hard enough on kids without losing grandparents as well
2006-10-04 22:10:21 · answer #4 · answered by livachic2005 4 · 0⤊ 1⤋
It depends on your location, if in England of Wales, a granparent would have to have a hearing in court to try gain contact with the child.
There are no automatic rights a grandparent has, however unfortunate that may be, only people with PR, can decide upon a child, until a court orders otherwise.
2006-10-04 21:07:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In some states there are laws that permit gradparents visitation. It isn't right. If you are a parent you should have the right to make decisions for your child. If the child wants to see the grandparents when they are older then that's up to them. Until then I reserve the right to say "NO" to visitation the same way I say who they may or may not associate with in school and outside of it.
2006-10-05 01:31:45 · answer #6 · answered by GrnApl 6 · 1⤊ 0⤋
As far as I am aware Grandparents have no rights over their grandchildren so in effect to answer your question yes the mother can stop the Grandparents from seeing them.
2006-10-04 23:11:14 · answer #7 · answered by Hedgehog 3 · 1⤊ 0⤋
Grandparents do have rights to my understanding. I would love for my boys to see there grandparents more!
Grandparents can go to court and get paperwork these days, but like I said this is only to my understanding. Grandparents Rights...I found the site for Illinois but I am sure there is a site for your state....
2006-10-04 21:06:13 · answer #8 · answered by Anonymous · 1⤊ 0⤋
grandparents have the same rights as parents to see the children so Yes they do have rights under English law
2006-10-04 21:46:39 · answer #9 · answered by JON H 2 · 0⤊ 0⤋
No grandparents have more rights they can make an application to the court to gain access to the children.
2006-10-04 21:02:59 · answer #10 · answered by MANC & PROUD 6 · 1⤊ 0⤋