can grandparents get a court order to see children?

Question

My parents are horrible, nasty people and my father is violent.  I don't wish for them to have any contact with my children, and my eldest children (teens) don't want anything to do with them.  My youngest child is only 2, so too young to have an opinion.  

Although my father has never been physically violent towards me or my children, he is towards other people and brags openly about it for years afterwards.  I also consider them both to be psychologically abusive.  They are extremely critical and never have a good word to say about anyone. They call my children names, and given them extremely difficult moral dilemmas to cope with (eg., giving my eldest child money and saying not to tell anyone and not to share it with siblings).

I have given in trying to reason with them and believe my family should not have to put up with people like that any more.  My children are entitled to happiness, and their grandparents were not allowing it.  I have therefore told my parents they can no longer see the children (much to the relief of my eldest two). They are threatening to get a court order to gain access to the children.  Obviously, this would be against my wishes as I feel the older children have been emotionally scarred by them in the past, and I want to protect my youngest from such emotional abuse.

BTW, if you ask them why they do certain things, it's not like they aren't aware of the consequences of their words and actions.  They know exactly what they are doing, are doing it to have an effect, and defend their actions.

proud walker · Accepted Answer

Grandparents do not have automatic rights, but that does not mean they can't apply to the courts. Courts are increasingly likely to listen to grandparents and could order conciliation.  Although a grandparent's rights are very weak at present, things seem to be going more in their favour as time goes by. 

It's difficult to see how anything could be imposed on your teens, but your little one might be in a different position, but don't worry. In any event it is very difficult for a court to impose its rulings which could mean sending a mother to jail.

GaiaOne · Answer

It depends on the jurisdiction you are in and the circumstances.  Grandparents can go to court, but there is no guarantee they will be successful.  My mother sued for visitation with my nephew, and won.   

If there is a problem with violence and abuse by your parents, rather than fighting it altogether, you might try a couple of different tactics.  Since two of your children are teens, they can speak to the judge about whether or not they want visitation and why.  If they are both against it, it will carry some weight with the judge.   You also might try being "reasonable" as a tactic.  State that you are not necessarily against it, but would agree to supervised visitation with a court appointed third party.  That would give you an independent witness to their behavior who then probably would recommend cutting off visitation, while at the same time protecting your children.  You could also request a psychological evaluation of your parents be done because you are concerned about the mental well being of  your children.  That probably also would give you grounds to deny visitation completely. 

Hope this helps.

cinnamon · Answer

It depends where you are as to whether the grandparents have a claim to visitation rights. 
You need to contact the Family Law Court, a Legal Clinic or some universities offer legal advise from law students. 
If you can afford it, get the best damn lawyer around and blow them out the water!

jamand · Answer

If you are in the UK - Grandparents have no legal right whatsoever to have access to grandchildren - NONE at all.

Let them waste their money hiring a solicitor - there is not one case whereby the grandparent has been given visitation rights whilst both parents of the child are alive.

Nancy · Answer

Yes, I believe they can get a court order. However, you can have your elder children tell the court how their grandparents act. I know how you feel though, I don't think I'll allow my boyfriends parents to see my children when the day comes. Good luck, just fight it!

Anonymous · Answer

sound like a control thing to me.
they do have some rights but if you mention the word violence when they take you to court, then its all over for them.
do what you have to do and don't back down to emotional blackmail

Pencil · Answer

Course they cant and don't let them make you believe that they can.
I never heard such rubbish.

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can grandparents get a court order to see children?

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