breach of court order

[furiousnanny]

My Son has interim custody of his 2 1/2 year old Daughter.Mother has no interest,and Maternal Grandmother had residency until her marriage split this year.She handed her to her Dad,as quite rightly,she sees this as the best thing for her.However,Maternal Grandfather tried doing my Son for abduction.The case was thrown out of court,but on the understanding that they were allowed contact.My son reluctantly agreed.They had her 5 hours on wednesdays.They werent happy,and went back to court ending up with over night 10 am friday,back at 3pm saturday.Now theyve pushed it to one night one week,two the next.The court ruled that she had to be picked up and brought back at our door.Then they ask for petrol money! What Grandparent wants paying to see their grandchild?They wont potty train her.He reckons hes skint,and cant afford to stop nappies.How stupid!!She should have been fetched today at 2 pm.My son had text saying theyve got no car,can you bring her to us.As He's broken his foot and is on crutches,it aint that easy.He tried to compromise asking them to meet him close tohome,but answer was no,I don't feel up to catching an extra bus.My son stated that to give her dinner and get her ready,he could no way make it for the 2pm pick up.Still, he wanted my son to do the running.He couldnt have given a damn about her going hungry.Everythings in black and white in a court order,they agreed to all the arrangements in court. If hes not fit to get an extra bus,how is he fit to care for a toddler?Until now,I've taken a back seat for the sake of my Granddaughter.She needs someone to turn to whos not involved in this mess.Pity everyone cant see it the same.Maternal Grandmother is behind my son all the way,mother doesnt give a damn.Case due back in court January,for finalisation of Residence,and CAFCASS are putting in a report.I need to know if My Son has grounds to block contact.Theyre just messing with her head.I know personally that these things mess a childs head up.Its so wrong.

[bednobs]

i am not a law person BUT i would suggest that your son is not in a position to vary this order and block contact, just because they didnt pick her up - its their loss this time i suppose. However, he dosent have to take her there if he cant, or dosent feel inclined to if the court order says he dosent.
I would suggest your son makes a note of each time they let your granddaughter down in this way in order to let the courts know in January You are saying they have to stick to the order (petrol money and delivering her door to door) but in the same post saying does your son have to stick to it

[furiousnanny]

I was limited for space on last posting.What I meant was does he have any right to get it legally overturned? There's a lot more to this than my last posting.Grandparents divorced on grounds of unreasonable behaviour - the fact that he's violent and a heavy drinker.We and the solicitors know for a fact that he can affors to constantly goout and get pie-eyed, but can't afford petrol for his own flesh and blood. Unfortunately, unless he is caught in the act by a court official, this is not admissable in court.
Thank you for such a quick reply.

[bednobs]

Only the court will be able to tell you. At the time of the court order, they obviously thought it was in the childs best interests to have visitation with the grandfather, and unless anything has changed, or you have evidence that its not in the childs best interests, i cant see they would change their minds.
If you do have evidence, you need to collate it and present it at the hearing
The only criteria they will use is "childs best interests"

[cassa333]

Other than when they tried to get your son to drop her off have they ever missed a pick-up?

As she appears to be young (not potty trained) I would be inclined to not tell her she is going to visit granparents but is a nice supprise when they turn up but get her stuff ready anyway. Maybe you can have an overnight bag with stuff just for visits then she won't see you gathering it up. This way she won't be dissapointed and feel regected. Try not to make her feel bad by making a big deal about granparents visits if they don't turn up a lot. When they are late or ring to say can you drop her off just say no as ordered by the courts you have to come and get her and drop her off. If they don't come to get her it is there lost time with her not yours. But as has been said keep a note of when they are late ordon't turn up as well as all your conversations with them as evidence.

I would also find out from the court what you are allowed to do if they are late or don't turn up ie; can you take her out or do you have to wait in for them.

It is not always in the best interests of a child to have visitation rights if the distress is greater than the effort to go.

Can you get the other grandmonther on your side in court?

[furiousnanny]

Thanks for your reply, cassa. Her other Grandmother has been on my Son's side all along. As a matter of fact, she's involved as a third party in the case. My son is having to keep two books for the court. One is for the purpose of keeping the court informed, and the other is a diary, which he writes important notes in to travel with her when she goes for visitation. The idea is for medication instructions, to let them know of any routine changes etc., so they can't say they don't know. They're supposed to write in it informing my son of how she's been and what she's been up to. Believe it or not, all they've done is spit on it. Hopefully, this will prove their ignorance to those who matter. Thank you so much for the idea of making preparations behind her back. That's gotta be the kindest thing for her.