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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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We have received a letter from my husbands parents solicitor

Resolved Question:

We have received a letter from my husbands parents solicitor as relations have been poor since the birth of our son to the point where mediation failed and I had to report an incident of her following me down the street and yelling at my in my car not letting me leave whilst with our 15mo son. I was so shaken and scared by the experience my husband encouraged me to report it to the police. They have sent us a letter saying they intend to take us to court for access to our son. My husband, their son, is an only child. We are on excellent terms with Neil's aunts and uncles but I wondered what the chance was if they winning access if we went to court? They have not spent more than 50 hours with our son since he was born and never had him alone, my husband and I have always been present!
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

In the Uk Grandparents do not have the right to apply for a Child Arrangement Order (Contact Order) without permission for the Court

Whilst it is likely that permission to apply will be given (it usually is) an Order is only granted if the contact would be in the best interests of the child because there is ane existing close relationship between the child and the grandparents

This is clearly not the case with your child and accordingly you have little to fear from any court application

I hope that this is of assistance - please ask if you need further details

Customer: replied 3 months ago.
Thank you! Our letter says they have a 'strong case' which makes us so nervous! We wanted to avoid court action as we image it will be costly and stressful but mediation did not work as although an initial improvement it all falls over as my mother in law says such hurtful and spiteful things and then when challenged denies it even when quoted verbatim!
Is the court process a long one or are the family courts pretty efficient? I appreciate every case must be examined on its own merits I wondered if you knew roughly how the process works and how long it can take?
Expert:  Clare replied 2 months ago.

My apologies I missed this

They do not have a strong case - but they clearly like to intimidate

The process will take up to six months at most.

There will possibly be three hearings and just before the first hearing you will have a phone call from CAFCASS to see what safeguarding issues there ar e0 if any

Clare and other Family Law Specialists are ready to help you