How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Family Law Question Here...
Stuart J is online now

My sister-in-law has had a nervous breakdown and is in hospital.

Customer Question

My sister-in-law has had a nervous breakdown and is in hospital. Her 4 year old daughter is now living with her grandparents temporarily while my sister in law is in hospital (my mother in law).
Her grandparents on the other side who hardly ever see their grand child want custody but we feel she is better served staying where she is. Do we need to do anything to keep my niece with my mother in law?
My sister in law is not in a relationship with the father.

Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.


Grandparents have no right of access or contact unless there is
some kind of existing strong relationship such as a grandparent has been a carer for some time. The courts wont grant a right automatically.

This explains



http://www.proudgrandparents.co.uk/GrandparentsWhoAreDeniedAccessGrandchildren.html


On these facts therefore the other GPs have little chance of getting residence as they have little contact to date.



Can I help further?



Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.





Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Many thanks - would it also help to get my sister in law to sign a form giving consent to her mum to look after my niece considering she is in hospital with mental health problems or would this carry no weight if it went to court?


 


Many thanks for your swift reply too - very impressed

Expert:  Clare replied 3 years ago.
Hi At present the child is very vulnerable and there are a number of actions which need to be taken to protect her.However which they are will depend on whether or not the father is named on the birth certificate - and how long her mother is likely to be hospitalisedIf you could let me know this then I can let you know what forms DO need to be signed Claire
Customer: replied 3 years ago.

Thanks Claire,


 


Yes, the father is named on the birth certificate but to complicate things further, him and my sister in law were in an abusive relationship - the father has ADHD and was sent to prison for battering my sister in law.


 


We are not sure how long she will be in hospital but we think it will be weeks rather than days

Expert:  Clare replied 3 years ago.
Hi
Is the father still in prison and is there a possibility that the other grandparents would in fact actively try and remove the child from her current carers?
Is her mother mentally capable of dealing with legal matter?
Claire
Customer: replied 3 years ago.

The father is out of prison. My niece is with her grandparents on her mums side, a very stable family environment but the otrher grandparents I believe are actively looking to gain custody.


 


Her mother is capable of signing a document giving custody to her mother and i'm sure a doctor could witness it too if that is any help

Expert:  Clare replied 3 years ago.
Hi
Just to double check - there are no existing residence orders in place?
Claire
Customer: replied 3 years ago.

No, there is no other residence order in place - my niece has always lived with her mum with no orders ever in place

Expert:  Clare replied 3 years ago.
Hi
Then the problem is that if his parents persuaded him to do it the father could simply collect the child and take the child to their house and no one has the power to prevent him from doing so - as the only other person who has parental responsibility is in hospital.
Less serious but still a worry is the possibility that the grand parents would simply turn up and take the child from school - they have no more rights than her current carers but they have no LESS right either.
This of course depends on just how desperate they are to take the child into their care.
The only way to secure this is for the maternal grandparents to make an application to the court for permission to apply for a shared residence order with the mother which will give the grandparents a form of Parental Responsibility.
The father can object but from what you say I have little doubt that the court will see this as a sensible way of protecting the child
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
 
 
 

Related Family Law Questions