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Grandparents rights
3 Answers
Having just received a solicitor's letter requesting mediation or court proceedings instructed by my mother I need some advice as to my rights and how to respond.
I believe that my mother is suffering from mental illness. She has been ill for sometime in and out of hospital and from what I understand is suffering from acute pancreas condition. Previously I have had a good relationship with my mother and she has assisted with my daughter's upbringing. But over the last two years she has become very unpredictable and her relationship has broken down with her husband (my stepdad), he has now left the home due to her threats towards him. Her behaviour towards me has also became unbearable and she began leaving bizarre messages on my phone and writing letters that made little sense. The content is always about her and how ill she is. She has gone behind my back contacting an ex partner and my ex husband also asking for their help by either phone or letter. Saying that I am not doing a good job with my daughter. None of which is true, I worked hard over the last 7 years to bring up my daughter alone and secured a job in teaching and intend to move to Australia in the next two years with my new partner. This may be why she has turned this way? Irrational behaviour was why my I decided to break contact with her along with her telling me to make no contact with her. I feel that she is not of sound mind and have evidence of letters and recordings of her accusations and erratic behaviour and do not feel that is in the best interest that my daughter continues to see her, as does my ex husband. I have also spoken with her Dr and aired my concerns about her mental state as they are also concerned but nothing appears to have happened with regard to a mental team being assigned to her. My mother's family are also aware of her behaviour towards me. My daughter is 8yrs old.
I believe that my mother is suffering from mental illness. She has been ill for sometime in and out of hospital and from what I understand is suffering from acute pancreas condition. Previously I have had a good relationship with my mother and she has assisted with my daughter's upbringing. But over the last two years she has become very unpredictable and her relationship has broken down with her husband (my stepdad), he has now left the home due to her threats towards him. Her behaviour towards me has also became unbearable and she began leaving bizarre messages on my phone and writing letters that made little sense. The content is always about her and how ill she is. She has gone behind my back contacting an ex partner and my ex husband also asking for their help by either phone or letter. Saying that I am not doing a good job with my daughter. None of which is true, I worked hard over the last 7 years to bring up my daughter alone and secured a job in teaching and intend to move to Australia in the next two years with my new partner. This may be why she has turned this way? Irrational behaviour was why my I decided to break contact with her along with her telling me to make no contact with her. I feel that she is not of sound mind and have evidence of letters and recordings of her accusations and erratic behaviour and do not feel that is in the best interest that my daughter continues to see her, as does my ex husband. I have also spoken with her Dr and aired my concerns about her mental state as they are also concerned but nothing appears to have happened with regard to a mental team being assigned to her. My mother's family are also aware of her behaviour towards me. My daughter is 8yrs old.
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I am not sure what your question is but judging from your header I think you are concerned in case your mother can stop you going to Australia with your daughter.
In all honesty unless she has an order from the court giving her care and control of the child, I can see no way in which she can even have a say in where you live or with whom. I don't think grandparents have any basic rights, any that they may achieve have to be done in certain circumstances and only with the full backing of the courts.
I hope this helps.
In all honesty unless she has an order from the court giving her care and control of the child, I can see no way in which she can even have a say in where you live or with whom. I don't think grandparents have any basic rights, any that they may achieve have to be done in certain circumstances and only with the full backing of the courts.
I hope this helps.
Sorry to hear that your relationship with your mum has broken down, and that she is not well.
My husband and I looked into this earlier this year, and as far as we could understand, legally grandparents have no presumed rights. thus, mediation or a court order would have to be fought for.
My advice to you would be to contact your local citizens advice bureau on where you stand.
And if you haven't already done so, you might want to post this question in the Law section!!
Also, hopefully this will be a catalyst for your mum to get the help she needs, and you can start to mend your relationship in time!
Good luck
ERx
My husband and I looked into this earlier this year, and as far as we could understand, legally grandparents have no presumed rights. thus, mediation or a court order would have to be fought for.
My advice to you would be to contact your local citizens advice bureau on where you stand.
And if you haven't already done so, you might want to post this question in the Law section!!
Also, hopefully this will be a catalyst for your mum to get the help she needs, and you can start to mend your relationship in time!
Good luck
ERx
I'm not sure where you're from or what the laws are there, however in many states there are grandparents rights. This is obviously for both the benefit of the children as well as the grandparents .
However your mother sounds very unstable and in any case where a grandparent sues for visitation he/she has to show where it would be in the childs best interest to keep a relationship. It doesn't sound like a healthy environment for your daughter.
Regardless of whether or not your daughter sees or visists her grandmother it has nothing to do with your moving. Your mother cannot stop you from moving with your daughter. The only person who can stop you from taking a child out of the state is the child's other parent.
However your mother sounds very unstable and in any case where a grandparent sues for visitation he/she has to show where it would be in the childs best interest to keep a relationship. It doesn't sound like a healthy environment for your daughter.
Regardless of whether or not your daughter sees or visists her grandmother it has nothing to do with your moving. Your mother cannot stop you from moving with your daughter. The only person who can stop you from taking a child out of the state is the child's other parent.
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