Having my Daughter home picking her up.

[Greatmom]

I have a Daughter who is in Foster Care of her Grannies and her will her Grannie has a residence order my Daughter was unhappy with my lifestyle at the time she choose to go into care and she had a very traumatic experience of overdosing on asprins when living with me she has now been in care since October of last year but really can't wait now to come home.

I have been advised that I can just go and pick her up after notifying the social workers and my Mother and seeking legal advice through my solicitor could I please ask if you could confirm this legal right of ours my Daughter and me?

Thank you

[Suzie, FRG Adviser]

Dear Greatmom,
Welcome to the parents forum.
For me to advise you, I need to know the legal position of your daughter while she lives with granny. Does granny have a court order(such as a residence order) for your daughter?
Or instead,is granny a foster carer?
Also can you tell me how old your daughter is? If she is a teenager, then she will may want to have a say about where she is living.

Thanks Suzie

[Greatmom]

Hi Suzie
Thanks for your response.
My Daughter doesn't live with my Mum her Gran she lives with a foster carer her Grannie has residency of her I am going to go to court to apply for this because my Daughter wants to live with me.

My Daughter is 13 years and she is very vocal about wanting to return to live with me but the social workers do not listen enough and respect her wishes.

Thanks xxxxx

[Suzie, FRG Adviser]

Dear Greatmom

You may find it helpful to refer to our child arrangement order advice sheet.

Your daughter could seek advocacy support from Voice or NYAS.

I hope this helps.

Suzie

[Greatmom]

Hi Thanks for your help

I was advised by someone else on your team that I do not need to obtain legal residency of my Daughter before she can return home but that as her Mom with parental rights and responsibilities I have as many rights as my Mother who obtained residency through court.

[Greatmom]

She finally has an advocate I felt that the social workers where fighting this aswell.

[Suzie, FRG Adviser]

Dear Greatmom,

I am afraid that is not the case. You would not be able to remove your daughter from accommodation if your mother does not agree. This is because a residence order confers this right upon her.
Have a look at our advice sheet reuniting children with their families.

I am glad that your daughter has an advocate. Hopefully her views will now be heard.

Best wishes,
Suzie

[Greatmom]

I am working with the Social workers and they and I are working towards having my Daughter live with me again if the social workers agree that my Daughter can return to live with me but my Mother disagrees what would the case be in this circumstance?

[Suzie, FRG Adviser]

Dear Greatmom

I am pleased for you that you are now working well with the social workers to achieve your desired outcome to have your daughter living with you again.

If the social workers agree that your daughter can live with you this would mean that they do not have any concerns about you caring for her. However, if your mother disagrees as she has a residence order and shares parental responsibility for your daughter with you, it means that you will have to make an application to the Court to discharge the residence order to your mother.

Before you make an application to the court you should try to see if you can attend mediation with your mother to reach agreement about the situation. I am sending you again the link to our advice sheet about applying for a Child Arrangement Order (this is the new name for residence order since earlier this year). Child Arrangement Order].

I hope that there will be agreement from both the social workers and your mother for your daughter to return home to you.

Best wishes,

Suzie