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Grandparents Rights...
 
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[Solved] Grandparents Rights??

 
(@LiamH28)
Trusted Member Registered

Hi

As some may no I am back in court in November for a full hearing after my son was handed back over to his grandmother under an interim hearing as my C100 went missing, its been found know an hopefully both applications will be seen on the same day.

I have a phone interview with Cafcass soon.
But what i want to know is, if a mother does not want her son and gave him to her mother behind my back, what can I do??

Court say i have never raised any concerns but everythings been done behind my back, i thought he was living with his mother as she was wrongfully claiming CSA from me then I found he was actually with his grandmother and in a school all around the time I was trying to get his mother to attend mediation.

I was advised by a solicitor if my son was settled in school then court would not favour a move.

So i waited 15 months an they have moved him, so thats when i took him to live with me for 10 days but the courts said I have to hand him back to his grandmother until the full hearing,

How can a grandmother just get involved and have more say over a father?

Is there anything i can say or do?

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Topic starter Posted : 25/10/2017 2:31 am
(@superprouddad)
Reputable Member Registered

Hi LiamH28, I'm sorry that you are having to go through this, I know little about the legal aspects of your situation, but as a lay person, it's just crazy.

Regardless, the situation is what it is, and you need to play with the cards you have been dealt, not the ones you wish you had. If you step back and try to see it from the judges perspective, all they will keep asking themselves is, what's best for this child ?

You need to frame your case along those lines, explain in great detail why your child will benefit from living with you. Lay out a vision, both for the here and now and for the future.

The other side is likely to throw lots of mud at you. Avoid the trap of hitting back. To the contrary, talk about how you think it's important for the grandmother to continue having contact. The more mud they throw the better it will be, because at some point the judge will see them as crazy and question their ability to raise a child, your challenge is to stay calm and respond in a cool headed fashion, let them look like the mad ones.

Is the grandmother a legal guardian, or are they applying for her to become one ? That's something you might need to defend against.

And definitely raise your points about how you have been trying mediation all along and didn't know the mother had left the child with the grandmother until recently. They might allege that was because they thought you were dangerous, whatever they say, try to stay a step ahead of the game and have a cool headed response ready.

Where possible, back up what you say and write with evidence.

Best of lucks, give it everything you've got, that's all you can do.

ReplyQuote
Posted : 25/10/2017 11:11 am
 Yoda
(@yoda)
Famed Member

I echo that very good advice from Superprouddad.

Have you been given permission or ordered to provide the court with a statement after or before the Section 7 report, or has the S7 not been ordered yet?

Is the grandmother letting you have contact in the meantime? It will go against her if she doesn't as it will show her as unwilling to promote contact in the best interests of the child.

ReplyQuote
Posted : 25/10/2017 11:47 am
(@LiamH28)
Trusted Member Registered

Thanks for advice,

Yer i have always had access to my son every weekend, and court continued that, fri to sun until court order.

Grandmother has no rights so my case is against his mother, its a weird 3 way triangle, the grandmother should not be involved but somehow is fighting for her daughter to see him when the daughter (Mother) does not want to, the mother claims she now lives with the grandmother so why isnt she fighting against me? its messed up,

They have had 5 different address in 5 years, its all for financial gain with them, by claiming child benefit the grandmother can claim for rent payments but yet i cant bring this up because court does not care about this.

Its madness

Am not to sure on a S7, we have both done c100 against each other, i have a solicitor who hasnt mentioned anything, my C100 went missing and got listed for a different day, we are trying to get them on same day

ReplyQuote
Topic starter Posted : 25/10/2017 8:16 pm
(@LiamH28)
Trusted Member Registered

Hi

Got to go ahead with a S7 report.
The grandmother admitted to taken cocaine 5 years ago to cafcass but because she said its historic, judge said thats fine, if i dispute I have to pay 2,000 for drug test as the Grandmother is on benefits and cant pay, she said she would put 100 down if i start paying her child maintenance again, which i felt was blackmail and refused.
I had to pay for an alcohol test for past 3 months, but court has been going on for a month almost 2, so prob going to come back clean. I have had to keep my son on occasions when grandmother has been to drunk to look after him.

The grandmother and mother are looking for a joint residency order now, when mum is very rarely at the home.

I am getting frowned upon for taking my son to live with me, saying i should of done things properly but The grandmother never done nothing properly and I never agreed, I only took my son once they moved him home and school already and disrupted his stability.

I am starting to feel physically sick as everything i say is falling on deaf ears.

ReplyQuote
Topic starter Posted : 24/11/2017 12:11 am
(@mavic)
Reputable Member Registered

hiya, i would phone social services and explain your concerns about your childs welfare and the concerns of the grandmother's incapable care. All of that has to looked into by social services and it would be a good thing if they are involved and investigating your claims

ReplyQuote
Posted : 24/11/2017 1:03 am
(@LiamH28)
Trusted Member Registered

Thanks for reply,

Would social services get involved even if Cafcass are involved?

I am worried they will dismiss what I am saying based on an ongoing court case, I have called them in tbe past when i learnt his mother took him away to stay in a strangers bed who i have never been made aware of, and they basically said aslong as hes not being touched. I will call them first thing tomorrow

ReplyQuote
Topic starter Posted : 24/11/2017 1:07 am
 Mojo
(@Mojo)
Illustrious Member Registered

I'm not sure if contacting Social Services would be a good idea at this moment in time, it could look like you are being malicious.

Although it may feel that you aren't being listened to, you must give them a chance to gather all of the evidence, a Section 7 will give you the opportunity to share your concerns about what has been happening. Make sure you approach it lily and reasonably and keep what is best for your son at the centre of all your responses.

All the best

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Posted : 24/11/2017 6:25 pm
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