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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
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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I am looking of English case history where a

Customer Question

I am looking for examples of English case history where a Child's Parents have been successful in defending an application for a Child Arrangements Order from the Grandparents.Brief Background:My Step Child (Ems) is 12 and lives with myself and her mother
Ems' Grandparent's moved to France some 6 years ago.
They had regular contact prior to moving to France
Whilst living in France, my partner left Ems' father due to domestic violence and abuse and was a single mum for the next 2 years.
During the protracted ongoing legal process regarding paternal access to Ems (Eventual ruling was that father had indirect contact until he was prepared to undergo Psychiatric testing). Emily spent a lot of time with her Grandparents at their request and to help my partner during the legal process.
Over the past 4 years the grandparents have made constant demands on us to allow Ems to spend as much time as possible with them in France or other locations they may visit. Whilst we agree that a healthy relationship with Grandparents is good, we feel their demands are not in Ems' best interests.
Ems is a challenging child. AS well as the trauma of witnessing Abuse, she has been diagnosed with ADHD and presents oppositional behaviours. She is dyslexic and dyscalulia make maths a difficult subject. We have worked tirelessly with Ems' school and therapists to ensure that Ems' needs are met.
Unfortunately, Ems grandparents constantly undermine our efforts and question the diagnosis of experts and the evidence of school and ourselves.
We provide the routine and support she needs, which is generally undone by her grandparents.
We have tried to talk this through but it has fallen on deaf ears, so we have slowly reduced access.
My partner has always had a strained relationship with her mum who is bombastic to the nth degree and will only do things her way. As a result of us refusing to give in to the demands for the access they want (8-9 weeks per year!) after several months of abusive and threatening emails, they have instigated legal proceedings. We have never prevented access, but wanted it on our terms. They have now cited that Ems is vulnerable and is subject to an abusive relationship with her mother and that I am a controlling partner who is also emotionally abusing the mother and Ems. They therefore believe that Ems needs to spend more time with them to ensure she is safe.
The whole thing is ludicrous! We have all the evidence we need to prevent them gaining the access they want. But now my partner, as a result of this action, wants to prevent any further direct contact and therefore at the hearing, we will now be looking to gain an order to this effect and present the evidence at subsequent fact finding. We have taken legal advice and we have no doubt that the grandparents will be unsuccessful in their demands, but we want to be able to provide evidence of other scenarios where bullying and bombastic grandparents have been prevented from gaining direct access because it is not in the best interests of Ems. Ems obviously wants to still her grandparents as they give her everything she wants and give her no boundaries. We have maintained a relationship with them solely for Ems' sake, but now feel this neds to stop unti they can respect our parental requirements.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Every family law case is dealt with on its particular facts - and are only reported if there is an Appeal which brings up significant legal issues.The last significant case was a 1997 case which was about the basic principle of Grandparent contactThe Court will be deciding on what the facts are in THIS Case - so other cases are of no relevance.I would be surprised if there was a Fact Finding - a Section 7 report by CAFCASS is more likelyPlease ask if you need further details