I've now been served; his parents are taking me to court, asking for a judgement for contact with the children. They're claiming that I've denied them access to the kids, and that they want an order for them to have them for the second weekend of each month, from friday morning to sunday night.
First off, I have NOT denied them access to these kids as they're saying. I have repeatedly invited them to come for birthdays and other holidays, as well as telling them several times that they have a standing invitation to see the kids, just to call ahead. I did, however, refuse to let them take the children at Christmas.
This was the only time they've ever asked, but their son and I are in the midst of court issues over his access to the kids, because of his alcoholism and irresponsibility. That's pertinent to the grandparents' request because the childrens' father claims to live with his parents, and has been exercising his access with the kids at their farm. I explained to his mother at the time, that there were issues with their son's drinking that caused me not to trust the kids to his care, but that they were all welcome and invited to come here for the entire holiday if they wanted to. She said no, they wouldn't do that, and that not only did they insist on taking the kids, but that it must be for overnight as well, because they didn't want to drive so much in one day (they live just over an hour away, but come to my town to help a sick relative almost daily; they actually told me that in the very same conversation).
In addition to the drinking issue, the children had returned from their last overnight visit acting very insecure and upset. The behaviour went on not for a couple of days, but literally for WEEKS. They didn't want me out of their sight, even to go to bed, when prior to that visit, they were fine. I had already discussed that issue with their father, and told him that I thought they were not ready for overnights, and that shorter, more frequent visits for a while would help solve the issue. So again, I explained that to the grandparents, but they said they weren't interested in having them for less than overnight anyway, so that was that. That was the last I heard from them until getting served.
So, a couple of questions. First, since their son has and intends to exercise his access with the grandparents at their farm, would a judge even hear the grandparents' application prior to the father's and my case being decided? Do the grandparents even have a case, since they weren't denied access totally, and refused to see the children at all unless it was on their terms? What about the father's drinking issues? And if legal aid represents me, or I represent myself, will I still have some court costs, or will that be up to the judge to decide?
First off, I have NOT denied them access to these kids as they're saying. I have repeatedly invited them to come for birthdays and other holidays, as well as telling them several times that they have a standing invitation to see the kids, just to call ahead. I did, however, refuse to let them take the children at Christmas.
This was the only time they've ever asked, but their son and I are in the midst of court issues over his access to the kids, because of his alcoholism and irresponsibility. That's pertinent to the grandparents' request because the childrens' father claims to live with his parents, and has been exercising his access with the kids at their farm. I explained to his mother at the time, that there were issues with their son's drinking that caused me not to trust the kids to his care, but that they were all welcome and invited to come here for the entire holiday if they wanted to. She said no, they wouldn't do that, and that not only did they insist on taking the kids, but that it must be for overnight as well, because they didn't want to drive so much in one day (they live just over an hour away, but come to my town to help a sick relative almost daily; they actually told me that in the very same conversation).
In addition to the drinking issue, the children had returned from their last overnight visit acting very insecure and upset. The behaviour went on not for a couple of days, but literally for WEEKS. They didn't want me out of their sight, even to go to bed, when prior to that visit, they were fine. I had already discussed that issue with their father, and told him that I thought they were not ready for overnights, and that shorter, more frequent visits for a while would help solve the issue. So again, I explained that to the grandparents, but they said they weren't interested in having them for less than overnight anyway, so that was that. That was the last I heard from them until getting served.
So, a couple of questions. First, since their son has and intends to exercise his access with the grandparents at their farm, would a judge even hear the grandparents' application prior to the father's and my case being decided? Do the grandparents even have a case, since they weren't denied access totally, and refused to see the children at all unless it was on their terms? What about the father's drinking issues? And if legal aid represents me, or I represent myself, will I still have some court costs, or will that be up to the judge to decide?
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