My daughter who is now nearly 5 has been living with my mum since she was born and now my mum doesn't want her to come and live with me which i think is totally wrong am i right??
She want's to keep her there living with her and said that she would tell my daughter it was all her and not me i think this is wrong i don't want my child to think that i let this happen!
I have been in touch with solicitors and they have advised that i go for a residency order for my child but why should i have to there has never been any social services involved this was just an agreement betweeen me and my mum and now she has taken it to far and is willing to take me to court so that i don;t get my daughter back. I think this is wrong and i'm really worried im going to lose my daughter for good!!
Can anyone help poleas emy heads a mess and i need to know what the right path to take is.
Need some advice!
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Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Need some advice!
Hello Matilda
Welcome to the discussion board. I'm sorry to hear about your difficult situation.
Family Rights Group advises families where there is Children’s Services (Social Services) involvement because of the welfare and/ or protection of children.
You have mentioned that there has never been any Children’s Services involved in your situation. Are you concerned that they may become involved? Has your mum raised any specific concerns about your ability to parent your daughter or suggested that she will contact Children’s Services?
You have parental responsibility (PR) for your daughter. This means that you have the legal right to make decisions for her that you believe are in her best interests. Your mum only shares this legal right with you if she has already been given an order (e.g. a residence order) from a court.
If your mum does not have PR for your daughter, you have every right to take her to live with you and your mum does not have the right to stop you. I am unclear, therefore, why you have been advised that you should seek a residence order, as it would be up to your mum to apply for an order if she felt that your daughter should stay in her care.
If your mum were to apply for a residence order, the court would then assess the situation and make a decision that was in your daughter’s best interests. The court would take in to consideration where your daughter has always lived and who has been responsible for the majority of her care as well as the impact that any significant changes would have on her.
Might it be appropriate for you and your mum to have a shared care arrangement in relation to your daughter? or for a move to your care to be arranged gradually so as not to disrupt your daughter's routines etc?
Ideally, you would be able to come to an appropriate arrangement for your daughter without involving the courts. Mediation can be a helpful process in doing this and might be worth considering.
I hope this is helpful Matilda. If there are no significant concerns about your parenting skills and, therefore, no role for Children’s Services, this would be a purely private law situation. In this case, it might be useful for you to contact the children’s legal centre for more detailed advice.
Best Wishes
Suzie
FRG Adviser
Welcome to the discussion board. I'm sorry to hear about your difficult situation.
Family Rights Group advises families where there is Children’s Services (Social Services) involvement because of the welfare and/ or protection of children.
You have mentioned that there has never been any Children’s Services involved in your situation. Are you concerned that they may become involved? Has your mum raised any specific concerns about your ability to parent your daughter or suggested that she will contact Children’s Services?
You have parental responsibility (PR) for your daughter. This means that you have the legal right to make decisions for her that you believe are in her best interests. Your mum only shares this legal right with you if she has already been given an order (e.g. a residence order) from a court.
If your mum does not have PR for your daughter, you have every right to take her to live with you and your mum does not have the right to stop you. I am unclear, therefore, why you have been advised that you should seek a residence order, as it would be up to your mum to apply for an order if she felt that your daughter should stay in her care.
If your mum were to apply for a residence order, the court would then assess the situation and make a decision that was in your daughter’s best interests. The court would take in to consideration where your daughter has always lived and who has been responsible for the majority of her care as well as the impact that any significant changes would have on her.
Might it be appropriate for you and your mum to have a shared care arrangement in relation to your daughter? or for a move to your care to be arranged gradually so as not to disrupt your daughter's routines etc?
Ideally, you would be able to come to an appropriate arrangement for your daughter without involving the courts. Mediation can be a helpful process in doing this and might be worth considering.
I hope this is helpful Matilda. If there are no significant concerns about your parenting skills and, therefore, no role for Children’s Services, this would be a purely private law situation. In this case, it might be useful for you to contact the children’s legal centre for more detailed advice.
Best Wishes
Suzie
FRG Adviser
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