Child Custody / Visitation / Contact
Uncooperative Parent
Our son passed away. When he was alive we were never very close to our daughter-in-law, though we were to our grandchildren. Although she kept up contact during the first year after our son’s death, she seems to have gradually drifted away. She and the children celebrate all the festivals with her parents, and we just don’t get to see the grandchildren. Is it acceptable for visitation rights to be formally set in such circumstances, and if, so, how often can we expect to see our grandchildren ?
Child Custody / Visitation / Contact •Uncooperative ParentYes, it would be quite acceptable for a court to set visitation rights between grandparents and grandchildren following submission of a plea to this effect, regardless of whether the father is alive or not, whenever contact is denied, provided this is in line with the recommendations of a court-appointed social worker and/or agreement between the parties.
As a guideline , the frequency of visitation rights between minors and grandparents set is usually less than that set between minors and a non-custodial parent, though each case would be decided on its merits .
My ‘ex’ has custody of our child, and I have visitation rights. The problem is that she will not stop interfering and tries to dictate to me what I should do with our child all the time. Can I do anything about this ?
Child Custody / Visitation / Contact •Uncooperative ParentYes. If a custodial parent does not respond to gentle, or assertive feedback from the non-custodial parent about the latter’s freedom of choice to spend visitation with the child as he/she sees fit, providing this is in the minor’s good, then application can be made to the family court to intervene . It will probably appoint a social worker who will meet with the parties and give recommendations on the matter. The court usually adopts these and makes appropriate instructions about visitation, or delegates its powers on this matter to the social worker.
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