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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 5226
Experience:  LLB (Hons)
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My mother in law said she is going to get visitation rights

Customer Question

My mother in law said she is going to get visitation rights for to see my kids (her grandchildren).
She is very rude and pushed me one day infront of my child we struggle to get on its been going on for years now..
Since this day she did this infront of my kids I banned overnights stays and days out as I duno what she will be saying about me behind my back..
I've been offering visits every week which she turns down as it apparently isn't good enough.
Now she's going for visitation rights
Can she get these rights?
How long will this process take?
What will she achieve? Will she be entitled to unsupervised visits
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist you with your query. Let me just read your first post. I may need to ask you additional questions after I have read your initial post.

Expert:  SASH_Law replied 14 days ago.

Has the grandmother made any effort to use a mediator?

Has she made an application to court yet?

Expert:  SASH_Law replied 14 days ago.

Grandparents do not have an automatic right to access but, after gaining permission from the Court, can apply for a Contact Order under the Children (Northern Ireland) Order 1995.

Contact arrangements can vary dependent on the circumstances. So the court could make an indirect contact order, e.g. letters, cards, emails, or supervised contact in a centre. In Northern Ireland there are a number of Contact Centres which are neutral community venues with facilities to enable children to develop and maintain positive relationships with non-resident parents/grandparents in a monitored environment.

The bottom line is that the court will decide your case on the specific facts of the case, so if the grandmother previously had extensive contact, then she may well get contact via an order.

I would expect the court to investigate any risk of harm to the children, if the grandmother has shown abusive behaviour in front of them towards their mother - so be sure to raise any concerns you have in response to any application she makes.

Customer: replied 14 days ago.
Thank you for the reply.. What would be the chances of her being allowed contact such as overnight and taking them for a few hours without me or thier daddy present.. I don't mind him bringing them to see her with him present but this isn't good enough for her. How long would this process take? Do grandparents usually gain contact if they have shown this behaviour infront of the kids
Customer: replied 14 days ago.
Also no she hasn't mentioned a mediator and hasn't applied yet but is threatening too because I won't let them stay overnight or spend time alone with them
Customer: replied 14 days ago.
I'd agree to contact in a contact centre or just thier daddy bringing them to see her for a couple of hours every week what's the chances of her getting more than this amount of contact through court
Expert:  SASH_Law replied 14 days ago.

As I said, the order would be specific to the facts presented to the court, and the decision the court makes. So I am unable to say whether she would definitely get contact and if she did, what form that contact would take.

If you are offering regular contact during the day time that is likely to be accepted by the court as adequate. You can also say you will agree to a contact centre. These are positives as it shows you are not denying contact.

One part of the process she has to go through, other than mediation, is asking the court for permission to make the application - but this is usually just a formality, so won't delay things much.

Expert:  SASH_Law replied 14 days ago.

Can I clarify anything?

Expert:  SASH_Law replied 13 days ago.

Thank you so much for using JA and allowing me to answer your query for you.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!