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Thank you both of you, nannyjane that's brilliant! 🙂
As I said before, grandparents don't have rights as such, even to apply to court for access, they would first need to apply for leave to make an application, it could be refused at this point and not even get into court for access!
I think it might be a good idea to speak to the HV and the support worker and explain that you wish to try and prevent a court action and would like them to write a letter/statement that you could send to the grandparents solicitor, outlining the negative and disruptive influence their contact has had, that in their professional opinion it was right to stop contact and that had been their advice to you. Also a letter from you stating the reasons it was stopped, basically it's not in the child's best interests, or in fact of your family as a whole.
If you wanted to give them something you could offer them indirect contact in the form of letters and cards at Christmas and birthdays, but that's your call, you may feel a clean break would be better.
Once this is documented and their solicitor has this, it would then have to form part of any court action and I feel that their solicitor is likely to advise them that in these circumstances that their application would not succeed.
Iv had the letter from the solicitor saying there getting the documention ready to apply for court could I just ignore the court date and not go? What will happen if I don't turn up?
I wouldn't advise not turning up, it might get adjourned or they can make an order in your absence. If they submit, you should both have telephone interviews with Cafcass and they will produce a report setting out their recommendations to the court. You might be better to write yourself a Position Statement, gather any info from the school and HV and attend.
A PS should be no longer than 2-3 pages long and illustrate what you would like the court to know.
http://www.thecustodyminefield.com/flapp/positionstatements.html
Feel free to pm if you have any questions or would like any help. I've got a couple of example statements if you would like them but the link above should explain it. Good luck 🙂
As said before, they will first have to apply to the court for permission to apply. If I were you I would be very tempted to preempt their action and apply for an urgent no notice Prohibited Steps Order to prevent contact. You would need form C100 to do this and I would also recommend filling out a C1a supplemental form to outline the risks to her...emotional abuse.
Many solicitors offer a free initial consultation, this might be useful for you to get a better idea of what you should do.
The government had the opportunity to insert more rights for Grandparents during the recent amendments to the Families and Childrens Act 2014...they chose not to.
Spoke too a solicitor and been advised to wait for the next letter stating why I'm been taken to court and then we can reply iv got letters from everyone I need and will be asking the solicitor to do the forms stated above. Thanks for all the advice guys will keep you updated
hey guys been a while just a update, got last letter in october just saying that i was getting taken to court and they would be in touch,, still not heard anything how long does it take to egt a court date?
I'm sure it doesn't take that long, even with Christmas falling in between - might be worth another word with your solicitor.
I agree with actd....it appears that they have decided against court action perhaps? It might be better to leave things as they are, it's been four months since you posted, they may have been advised that they have little chance of success and the threats of court were a last ditch attempt to get you to agree to contact.
Like actd said, a chat with your solicitor might be in order.
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