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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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We have interfering grandparents ,full the last 10 years we

Resolved Question:

we have interfering grandparents ,full the last 10 years we have put them up to visit our children and after the last visit insulted my wife,the stepfather isn't married to my wife's mother and my wife asked them to leave which they did and now the stepfather is threatening us with legal action which we cannot believe, as we have been so generous to them over the years.this happened in October and the stepfather has been proven to be very difficult.We have made a compromise for them to visit this summer and stay at a bed and breakfast which would be more practical for us,this they refused which we are not happy about as we have always given up our marital bed.This is making my wife really upset and i have never seen her like this before which is also of course upsetting me.
the question i would like to know is what are our legal rights as we have 3 special needs children also the stepfather is trying to go down the route of saying my wife is mentally unstable and threatened that our children will be taken off us,which is totally untrue so what i also want to know is,is the any law in family law of him trying to go down this route and trying to pervert it as this is also having a detrimental effect on them please could you tell us what the law for us is in this matter many thanks Leo.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leo Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how old are your children?- do they enjoy spending time with their grandparents?- is there any involvement with social services in respect of the allegations they are making about your wife? Kind Regards Caroline
Customer: replied 1 year ago.
we have twins a boy and girl 10 years old and one 5 year old boy,there is no involvement with social services as they have threatened us with that too they don't seem to bothered about spending time with the grandparents as they have so many friends
Customer: replied 1 year ago.
the twins are special needs and the grandparent dont understand their autistic difficulties though and create more upset when they are visiting
Customer: replied 1 year ago.
the children are very happy and my wife is an expert mother to them both and the children cant ask for more but as you can understand this is badly upsetting my wife so i am looking for help
kindest regards leo
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leo Thank you for clarifying that for me. Although grandparents can make an application to the family courts for a child arrangements order to spend time with their grandparents - they have no automatic rights too - and they have to ask the court for permission. The courts do consider that it is important that children do know their wider family members and the courts will make an order if they consider it in oyur children's best interest. The court will not make an order that the grandparents are able to stay in your house and if the grandparents did make an application to the court they would have to make a reasonable proposal. The courts would consider the concerns that you have about the grandparents not being able to meet your childrens special needs and the court would also be concerned that the grandparents have been abusive especially if this is in front of your children. The court will also give consideration to your childrens wishes and feelings about seeing their grandparents in light o their age and understanding. If the grandparents do intend to make an application to court - then they have to refer matters to mediation first - if they don't then the court will reject their application. Mediation might help you come to some arrangement without the need for court. You do of course need to make sure that your childrens needs will be met. If they do make a referral to social services - just engage with them - from what you have said they might likely consider that an allegation is malicious. This wouldn't help the grandparents if they made an application to court after making malicious allegations as the court would likely consider that they are trying to destabilise the children home life. To summarise - do not worry! whilst the grandparents can apply to court - they need permission and there is no guarantee for them that the court will make an order. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
are they perverting the family law /justice by trying to go down the route saying my wife is mentally unstable to cause us more stress?
Customer: replied 1 year ago.
that was my last question and cant thankyou enough for your help Leo
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leo If they have a genuine concern then they should raise it. But if the court considers it is without foundation - then it will not help them at all get an order to spend some time with your children. Let me know if I can help you further. Kind Regards Caroline
Customer: replied 1 year ago.
last one we have made a comprise for them to stay at a bnb as allowing them access so i believe they cannot apply where access has been given leo
Expert:  ukfamilysolicitor replied 1 year ago.
your offer of a b n b is more than reasonable - the court wont make an order that they should stop in your house :)
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
many thanks
Expert:  ukfamilysolicitor replied 1 year ago.
your welcome - just let me know if I can help you further as follow up questions are free in this thread :) Kind Regards Caroline