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Do Grandparents Have Rights?

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AuntSally21 | 21:09 Thu 21st Oct 2021 | Law
12 Answers
Hi.
Our granddaughter as been living with us for six months now.
Her mother due to drug and alcohol abuse doesn't want her, she's had no contact at all.
Our son who "lives" with us as had no contact either (he as a new girlfriend so we've not seen him since they got together 10 weeks ago)and before then he would only spend 5 minutes a day with her! although we've tried numerous times to get both parents to see her, without dragging a very long story out, we've literally done everything in our power to help both parents.
We've had social services involved, and i hope this doesn't offend but they've been useless.
They know my son as mental health problems and drug abuse problems yet still insist that our granddaughter is only with us because he "lives" there too!
Our granddaughter is so so so loved here with us, she's in a lovely routine, she's happy and healthy.
But our son uses her against us, he asks for money and if i say no he threatens to take her.
He steals, he lies and he manipulates.
I've been in touch with a solicitor, they recommend guardianship, but i know my son won't agree to this as he'd have no control over us.
I'm honestly at my wit's end, i just don't know what to do.
Our granddaughter needs protecting but it seems we just have no rights at all.

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In England you have no rights. Other legal systems may extend rights ( but so what ) . You should start from the point - what is in the best interests of the child - and strongly argue that adoption or guardianship is the best way forward

The best way to do this is probably thro the social workers. Remember that the Children Act 1989 says the interests of the child are paramount

It is very unlikely ( see above) that you will get a judge to exclude the useless father
How old is your granddaughter? If there is a custody hearing have you considered asking for a "Guardian ad Litem" for her
agree - good and clear
the checklist can be summed up as - the child's interests are paramount.

surprised that the g-parents have so little powers that they have to ask to be heard....( that is their rights are so - - sparse they dont even have a right to a hearing unless they previously do a - - - "permission to speak sir" application )
The Family Courts in this country are horrendous.

I sympathise with your situation, and I hope you can get custody, but it will be an uphill struggle.
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Thankyou all for taking time to reply, it's really appreciated.
It's absolutely horrendous especially when the parents don't even want her.
And she truly is so happy with us and that's all we ever want for her.
I absolutely feel heartbroken for anyone else going through this xxx
A-H - in my opinion, they are not. Generally what is seen is what is reported by the press on the few cases that get reported - and I am not always sure the reporters have a firm grip on the legal principles involved. My experience is that the Family Courts always deal with the best interest of the child.

My advice to Aunt Sally is to seek the advice of a solicitor who specialises in family law.
What about considering adoption?
Sorry Aunt Sally, I see that the solicitor has advised already. Whilst your son may not agree at this stage, before a Judge he might.
write everything down re visits contact etc , it would be useful evidence if it goes to court, its easy to forget examples if you are in opposed in your application

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I'm not so sure barmaid and that's the fear, he will continue to use her for his gain and against us.
If we have any legal control then he can't control us.
Honestly ive never known evil like her parents.
Our granddaughter is 18 month's old and like ive said she's lived with us for six months and not only have we had her every weekend since she was born we've had her during the week too.
The last time her mother saw her 7 weeks ago, she got mad and left saying her daughter didn't even know her and that was all my fault
// and I am not always sure the reporters have a firm grip on the legal principles involved//

I am sure they dont. [I have emailed the Beeb this evg because they had Chu from LA - ( where ? ) say that in fact the supremacy of EU law was by no means established - as fact not opinion]

thx for your intervention BM

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