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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33508
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother in low get me to the court , I stop my children seeing

Resolved Question:

my mother in low get me to the court , I stop my children seeing her because she was arguing with my husband , her son in children presents .
she was try take children from me , threatening me to lose children , abuse to have mental health problem etc....
children are went on the middle of the family fire , also expose to my husband arguing with me.
my mother in low ,she come 12 am to my bedroom when I sleep with children and shouting on me , abuse me very badly , I call police , police told her to live the house.
she refuse any mediation ,
can I ask court recommend for her and me mediation , for the sick of the children ,
how often court can give her to see children ?
1 child is very busy at school from Monday to Saturday
2 child have 19 months and is 3 times in the nursery
she pay the fees for the schools.
what could happen ?
I want court make her
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
Your mother in law is not strictly speaking allowed to see the children unless you agree (or indeed Dad agrees). She would need to make an application to the court for both permission to make an application for a child arrangement order and also a child arrangement order. You do not need to do anything. If she makes an application as a grandparent she may be allowed weekly or fortnightly contact. Happy to discuss. Please rate positively - thanks
Customer: replied 1 year ago.
I believe she have make application , I'm waiting and scare
because the reason I stop was , because was she harassing me and she does respect me in front of my children.
she argue with my husband in present of children
so the court give her children anyway ?
Customer: replied 1 year ago.
12/09/2015 04:18I believe she have make application , I'm waiting and scare
because the reason I stop was , because was she harassing me and she does respect me in front of my children.
she argue with my husband in present of children
so the court give her children anyway ?
Expert:  Thomas Judge replied 1 year ago.
Well if that is the way in which she is acting then the court would be concerned about allowing her unsupervised contact - I would not be scared of the court process. Don't forget to rate positively - but happy to answer your questions
Customer: replied 1 year ago.
also I want have my children grandmother. but she hate me and not accept , can I ask court make her go for mediation ?
is fortnightly - mean every 2 weeks ?
Expert:  Thomas Judge replied 1 year ago.
The court can not force her to go to mediation if she refuses. Fortnightly means every two weeks - yes
Customer: replied 1 year ago.
how look supervised contact ? can I request to supervised ? or she will need to pay for that to someone if she do not want me in her home ?
Expert:  Thomas Judge replied 1 year ago.
You can request for it to be supervised - for her to pay for it at a contact centreHappy to help but please rate positively
Customer: replied 1 year ago.
ok , i rate positively but she not ;) if she will get the fortnightly contact , this is all day or few hours
Expert:  Thomas Judge replied 1 year ago.
Just a few hours (maybe 2)
Customer: replied 1 year ago.
I have recording when she was harassing me at my home in children presence when they was sleep , but she do not know I record her .
can I show the recording in the court , because she will deny everything
Expert:  Thomas Judge replied 1 year ago.
Yes you can - this would be allowed. I hope that this helps - please remember to rate positively
Customer: replied 1 year ago.
what about Christmas time ? , Easter time ,- she want always just my husband and children and I'm staying at home and my son is keep asking why I'm not going to nana?
her birthday my son need to be always but
my son birthday, she refuse to join my son birthday even when he invite her . the reason is her personal feeling to me
Expert:  Thomas Judge replied 1 year ago.
These are actually new questions now - I am happy to answer but please rate original positively first - thanks
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
In fact your mother in law canNOT make an application to the court unless she has first attempted mediation
Grandparents are only granted contact if they already have a close relationship with the child and the continuation of the relationship is in the best interests of the child.
In this case it is unlikely that she will be granted contact unless your husband is present - and then only limited given that she will not attend events at which you are present.
An offer of contact for two hours once a month - and maybe an extra two hours in significant holidays would be generous.
If she cannot behave with your husband (her son) then a Contact Centre (www.naccc.org.uk) is another possibility
Please do not let this woman frighten you - or come between you and your husband.
Deal with her as a couple - the court will make her understand that she is only entitled to a limited role in the lives of the children - and she is dependent on the goodwill of you their parents for that
Clare
Customer: replied 1 year ago.
thank you so much
she damage our life this is 5 years arguments and threatening ,abusing and harassment
we have one sessions of mediation but that was I think she done this in purpose, she attend ones and when the next step was to meet with me then she change her mind . she say is not interesting go forward
so in my mother in low case if she attend to mediation ones , is she sufficient to make court application?
how long I can talk with you?
Expert:  Clare replied 1 year ago.
If she withdrew from mediation rather than you refusing then she will struggle to convince the court that she is entiled to ongoing contact
Customer: replied 1 year ago.
if she sent application to the court how long I will wait for any letter ?
Expert:  Clare replied 1 year ago.
It shoudl be issued within a fortnight
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33508
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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