In the unpublished opinion of Slawinski v. Nicholas, a New Jersey appellate court considered a motion to change a consent order that granted a grandparent visitation. The lower court held that the mother could terminate the consent order without agreement from the grandmother, since the grandmother hadn’t proved that visitation was necessary to avoid hurting the child.
The mother had sole residential and legal custody of her daughter Lilly. Grandparent visitation with the child’s paternal grandmother was ordered in 2015 when the child was six years old. It happened on the first weekend of every month, starting in 2015 and ending the following year. The visitation could happen in New Jersey or in the Poconos. The paternal grandmother also had a week of vacation with her granddaughter in July 2015.
The defendant claimed she consented, thinking that her daughter would like to visit with the grandmother and that it would be positive. She claimed that after four visits, she realized that the daughter came back from visits very upset and seemed traumatized. She also claimed that the daughter asked not to go again and that she’d told her pediatrician she didn’t want to see her grandmother.