Parental responsibility

[Nanna08]

Hi.. I need some advice please... My son took over the care of his 4yr old daughter 8 months ago.. The other child from a different dad is in care at the moment. As neither parent has been cleared to take him... What i need advice on is.... My grandaughters mother is threatening to come get her and take her away every time she does not get her own way.. Obviously with the situation as it is this would not be in her best interest... What is there we can do to stop her from doing this.. I know we can go to court.. But in this day and age who has that amount of money.. Is there another option we could look at.. That will stop her from taking my grandaughter away from her father... He works full time but not in a very high paid job.. So money is tight.. Would a signed letter from the mother saying she agrees to my son keeping their daughter be legal if anything happened.. We really need to find something that will stop her from taking her daughter... Thank you

[Suzie, FRG Adviser]

Hi Nanna,

Thanks for posting on the Family Rights Group parents board. At Family Rights Group, we advise families involved with Children’s Services, the new name for social services. Your post doesn’t say what involvement, if any, Children’s Services have with your granddaughter.

The issues you refer to are known as private law matters because they are between the parents and not the state. To briefly answer your question, no a letter would not be legally binding. The only thing that is legally binding is a court order, such as a Residence Order (which used to be called custody) or a Prohibited Steps Order to prevent your granddaughter from being removed from her father’s care and control. If your son cannot afford to instruct a solicitor he can apply to court in person. I suggest you get more advice about this from an organisation called Coram Children’s Legal Centre (http://www.childrenslegalcentre.com/) who gives advice about private law matters.

Best wishes

Suzie

[Nanna08]

Thank you for your advice.. My granddaughter has no involvement now with child services.. She did until my son took over.. Since he has had her they have no involvement because she is no longer at risk/in danger..

[Nanna08]

Yet another weekend gone past that the mother of my grandaughter did not turn up.. She rang her a few days before and promised her she would be there,, she did not even bother to let us know.. Did not hear anything until the next day at 3pm. With a load of excuses, which are the same one.s as she always uses... Getting fed up of the broken promises... I had a very distraught 4 yr old... What do i do.. I just do not know anymore... Any help would be appreciated

[Suzie, FRG Adviser]

Hi Nanna08

Did you have any luck with the Children's Legal Centre free advice line on 08088 020 008, as mentioned in my earlier post? If so, were they able to give you any helpful suggestions?

You could also consider applying for a special guardianship
order as this would give you parental responsibility over and above that of the parents with the added advantage that it may be more appropriate to the situation involving your grandchild.

With this court order, you would need to notify the Local Authority of your intention to apply, and in some circumstances, they may be willing to fund your full legal costs, if after assessing you consider it to be in your grandaughter's best interests to be placed in your care.

Best Wishes


Suzie