Grandparents rights?

Camalot · 11 Feb 2011 at 22:43

Hi.

Does anyone know if Grandparents have any rights to see their grandchildren?

To cut a long story short, my brother split with his ex over a year ago, she has disappeared and took the kids, my brother is not doing anything to fight for them and has made a new family. My mother is in bits over losing them, she is trying to be civil and ask nicely to see them but she says no.

It's been over a year now and she refuses to let us have any contact, we don't even know where they live anymore

Is there anything we can do, or dont we have any rights?

RomanNose · 11 Feb 2011 at 22:47

I don't think there is anything you can do to the best of my knowledge.

Valentino · 11 Feb 2011 at 22:49

Sounds like your mum needs to have a word with your brother.

peterattheboro · 11 Feb 2011 at 22:52

I know someone in this exact situation. My mate isn't bothered about seeing his 8 year old girl and there's nothing I or his family can say to change that

Camalot · 11 Feb 2011 at 22:53

Valentino said:
Sounds like your mum needs to have a word with your brother.

Said everything possible to him

Thats why we want to see if we can do anything. I got told we have rights and to go see CAB, but im not so sure.

Was hoping anyone on here could shed more light on the situation.

^TANK^ · 11 Feb 2011 at 22:57

Valentino said:
Sounds like your mum needs to have a word with your brother.

I concur, very strange that he wouldn't want access :confused:

LizardKing · 11 Feb 2011 at 22:58

Dont quote me on this

But i'm pretty sure there are grandparents rights, but i think its more aimed at grandparents who have had an active role in the bringing up of the child.
This is just from my mum's rambling about my step dad trying to get in contact with one of his estranged grandchildren.
I think in the end the civil approached worked better.
Sorry i cant be of more help

thepeganator · 11 Feb 2011 at 22:58

CAB would be a good place to ask

Pestilence · 11 Feb 2011 at 23:03

As far as I'm aware, they have no legal rights to contact with the children. Sorry.

^TANK^ · 11 Feb 2011 at 23:06

A quick Google brings this up Camalot.

http://www.hartnellchanot.co.uk/just-grandparents/just-grandparents/what-are-your-rights.html.

Pawnless Endgame · 11 Feb 2011 at 23:13

Depending on how old the grandkids are, do they have email addresses that you know of Camelot? Facebook accounts to help with tracking?

Lonewolf · 11 Feb 2011 at 23:15

Been there, done that. It's difficult enough for the Father to see his child/ren when the Mother has a grievance regardless of what the rights are or what the law stipulates. Each case is different, but it is usually about convincing/encouraging the Mother to see the advantages and accepting the benefits of her child/ren seeing extended members of the family circle. Yes, the courts have power, but they don't want the Mother to become so entrenched that there's no possibilty of a middle ground, and removing the child/ren from the Mother's care because of her unreasonable state is even rarer.

You can apply to the courts for visitation, but be prepared for a long drawn out process!

RaohNS · 12 Feb 2011 at 00:18

I'm currently going for a Contact order for my daughter. Even though i do get to see her on weekends my (ex) wife can start an argument/vice versa and then i don't get to see her. Also i have to have my wife regularly check me up if i have the right seat, fed her properly, offered her water. She flipped her lid when my daughter said "Mummy its cold" i got the 4th asking has the heating not being on (this when it was all the cold weather we were having and she was trying to get into a situation she could argue/say i'd kept her cold).

As far as i am aware a good bit of advice is to contact your local family courts or even call some Solicitors they can offer free sessions and give free advice! From my experience you'll have more luck getting through. Have been trying to contact my local CAB since mid January now (phoning every day) to no avail.

It is so so difficult and i feel for your family and also your mother as a grandparent. Unfortunately many Courts won't dare do anything to "upset" the Mother they will hold all of the cards.

On another note is your brother paying her maintenance?

Did she move without telling him? <-- This is apparently illegal according to FFJ

I have also read an article somewhere (can't locate for the life of me) that states that Courts can grant you authorisation to see your Grandchildren.

I have just checked my Contact form (Available from HM Court Service under Forms its called a C100 (Application for Residence)) and it should be possible for you to apply. I've done everything off my own back so far as can't afford a solicitor so am having to tackle her Specialist Family Lawyer head on

before filling out the Contact Order just check with the Courts for permission.

Oh final bit of advice is make sure you tell your Mum to keep a contact diary of when she's tried what and its outcome!

JayMax · 12 Feb 2011 at 01:07

The courts seem to be very mindful and interested in paternal grandparents rights from my experience.
Take legal advice.

Edit: I should add - they're only interested in the best welfare of the child. Is it in the childs best interests to have contact etc. Proving this is what you need.