I have fallen out with my dad, and although I'm not stopping him seeing my kids (aged 1 and 4), he has threatened to see a solicitor because I told him I was busy on the two times he's asked to see them...which I was, I would NEVER use my children to get at anyone
He then text me saying he was going to get social services to pay me a visit, which has obviously upset me. I know I have nothing to worry about, but I don't want my children having social workers or being on registers, so I'm absolutely disgusted that he'd stoop this low.
Just to fill you in, he was with my mum til I was 7, he beat us both and I saw him semi-regularly after they split, up until I was 13, when he chose his new girlfriend over me because I didn't like her. He got back in contact with me when he found out I was pregnant when I was 21 and we've been in contact since...but only because I thought it would be nice for my kids, we never got close as I still resent him.
So can he take me to court?
2006-10-27 08:31:06 · 22 answers · asked by Anon 4 in Politics & Government ➔ Law Enforcement & Police
No he can't, but if he threatens you, you can take him to court. Something to think about because he doesn't sound that stable.
2006-10-27 08:33:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As a Grandparent, I am sad to say that in most courts we have virtually no rights at all. You & your childrens Father are the parents, & as far as the courts are concerned your rights are absolute over everyone else, including extended family.
It would probably work in your favour if your Dad did see a solicitor, because he would then be given the same advice as I am giving here.
I don't blame you if you don't want to spend a lot of time with your Dad, & especially if you don't want to leave the kids alone with him unsupervised.
Your Dad could learn a little patience maybe, & I think that he is fearfull that you are using the Grandchildren to get back at him for his past mistakes. I don't say that he doesn't deserve it, but I'll tell you this.
You could probably avoid a lot of tension & angst if you could just simply put your Dads mind at rest & assure him that you value his role as Grandfather in your kids lives, & that he'll get more than enough oppourtunity to be around them if he can just be patient.
The next time he asks to see them, if that's not a good time, then offer him a time that IS good, & then stick to it.
You didn't say if geographical distance was a factor. If it is, then at least for a little while, by your actions, assure him that you will bend over backwards to get your kids some "Grampa Time".
After you have seen them together a few times, then maybe you'll be able to trust him with the kids enough to let him take them on an afternoon outing.
But back to your orriginal question, I don't know if he can take you to court, but I'm not sure he can get much satisfaction there. He'll be better off working with you, than against you in court.
2006-10-27 15:56:29 · answer #2 · answered by No More 7 · 0⤊ 0⤋
There have been instances where grandparents have received visiting rights, but it is not very common. They would almost never have a chance if there is any reason the childrens safety or wellbeing was at issue. Even if visitation was granted, there may be a requirement a parent be present. It's a tough battle to get and would cost a lot of money so you're probably safe. You would want to check with an attorney in your jurisdiction/location because things vary so much from state to state, etc.
2006-10-27 15:56:49 · answer #3 · answered by straightup 5 · 0⤊ 0⤋
Be careful with some of this advice. There are some places, at least in the United States, that grandparents have legal rights to visitation. I know someone that went to court and lost thinking the same thing. Contact a solicitor to be sure.
2006-10-27 15:54:23 · answer #4 · answered by Judge Dredd 5 · 0⤊ 0⤋
Yes he can... but I highly doubt he would win. The criterea used for 3rd part custody decisions go like this...
1. Best Interest of Child
2. Must Show Harm
3. Prior Grandparent/Grandchild Relationship
4. Effect on Parent/Child Relationship
5. Any Marital Status of Parents
6. Parents are Deceased, Divorced and/or Unmarried.
7. After Stepparent Adoption
If you let me know what state you are in I can give you a better idea. It is going to cost him a lot of money to do this, and I imagine his threats are idle. You will just have to explain to the judge why you don't want him in their lives and your past history with him.
And just so you know in most states filing a false claim with social services is a serious crime. Social services will only visit you if he alleges neglect or abuse of some type.
And lastly... why in the hell would you consider for even a second granting visition of your children to a man who beat you and your mother? A man like that is only going to introduce chaos into the young lives of your children, and will likely cause them more trauma then not having him in their lives.
2006-10-27 15:41:03 · answer #5 · answered by Matt B 2 · 0⤊ 0⤋
Depending on where you live, he can try but he will not succeed. Grandparents are only allowed access to their grandchildren IF they have an established bond between them and the children. If no such bond exists the Courts will not hear his plea. Keep a record of his text messages, he is not a stable person that needs to see his grandchildren or you for that matter. Good luck to you.
2006-10-27 15:36:24 · answer #6 · answered by FoxyFoxy, Kickass Drama Queen 5 · 0⤊ 0⤋
Grandparents visitation rights are weaker than parental visitation rights. But still the grandparents need their own lawyer and have to file a motion in court.
So, they can't just call or show up in your house demanding visitation, without a court order
2006-10-27 16:51:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
grandparents do not have legal access this has been a issue thats long overdue for change it should not be the grandparents rights to see the child but the childs rights to have access to which ever relative they choose if it's deemed in their best interest.
there are orders such as childrens supervision orders that state a child must have access to grandparents this applies in scotland but it should be normal practice throughout the UK why should a child be used as a weapon or bargaining chip for parents to throw around when they feel like it.
2006-10-28 08:22:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I dont think so get a restraining order on him thats what I plan on doing with my dad he was never there for me until recenly I am 25 saw him when I was about 8 and never got close to him hes such a liar he said the same thing about me he was calling the cops I told him go ahead he'll go to jail damn dead beat. I am getting a restraining order I dont need this grief from him or anybody. I dont you need it either tell him to get a life you've got your own!
2006-10-27 15:47:45 · answer #9 · answered by calieyecandy 3 · 0⤊ 0⤋
Grandparents only have acess rights if the parents or legal gaurdians pass away, and the kids were not left to them. Then they can use their acess rights to fight for the kids, but seeing as you aren't passed, they are just empty threats. He sounds like he is going to cause more problems for your kids, then benefit them from having a relationship with him. Good Luck!
2006-10-27 15:37:00 · answer #10 · answered by tryingmybest 2 · 0⤊ 0⤋
He can. Fathers for Justice fights for single dads, mums and grandparents as far as I know. It doesn't mean that he will get custody or anything. He MIGHT get visiting rights, but if your concerns are voiced, they should be supervised. Go and see the Citizens Advice Bureau. They will help...fantastic people
2006-10-28 18:20:17 · answer #11 · answered by joburg 2 · 0⤊ 0⤋