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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My grandchild lived with us from the age of 3 months - 6 monthsMore

Customer Question

My grandchild lived with us from the age of 3 months - 6 months
More recently he has resides with us again for 6 months. Mum wasn't considered fit but my son isn't either.
Sons behaviour is a night mate and has been since age of about 14 now 21.
Despite best efforts we have ended up telling son to leave.
How do I go about adopting or contesting custody? Baby is 18 months.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Are Social Services involved at all and if so who have they actually placed the child with?
Customer: replied 3 years ago.
We went to social services the first time Clare only to be told they would be placing the baby back with my son and girlfriend and recommending parenting classes. It's now December and they want to play parents for Xmas and to have the baby back and are talking about having him to stay with them again so I expect social services would agree again. We are looking to move to Cannock in the new year ( reside in birmingham now) and want the baby to have stability and to come with us. We've raised him now and accepted the costs involved without input from mum or dad but are living under emotional threats from parents and dictatorship as and when it suits parents
but only when it suits. I'm worried that it's not good for the baby to have them come and go when they see fit not too mention being absolutely helpless to stop it. Can we get residency order or better still guardianship
Expert:  Clare replied 3 years ago.
When did the child last live with Dad?
Customer: replied 3 years ago.
Our son came with baby in May originally although I ended up his primary carer. He left in November leaving baby here. main reason for that was his inability to dispute that he and girlfriend had expressed serious issue with her mother looking after baby and mother had given him parental custody in May when she again agreed she wasn't fit. His running away was due to fact he had agreed he wasn't coping. I explained that I couldn't in all conscious agree. He didn't argue.
They demanded baby for birthday weekend for an over night and returned him day after. Baby was upset afterwards and took a week to settle.
Xmas is same routine. They are demanding he go Xmas eve/ can come back Xmas night. Son has refused to have him any weekend in between when asked and has refused to come here himself for the overnight. Baby isn't well but I have no say.
Expert:  Clare replied 3 years ago.
Are Social Services actively involved - are there regular meetings with them?
Customer: replied 3 years ago.
No Claire not at present. As explained above, we haven't gone back to them because they weren't interested last time.

Do we have to go back to them or can we apply directly to courts?
Expert:  Clare replied 3 years ago.
You can indeed apply straight to the court for a Residence Order
However your claim will be stronger the longer the child has been in your care and on that basis I would put off making the application for as long as possible - either until there is a real threat that he will be permanently removed by dad - or he is coming up to three and the age for starting school
When you do make the application IF you are successful then you will have accept that the parents will be granted contact with the child and that if you have moved away fromBirmingham it will be up to you to facilitate the arrangements.
I hope that this is of assistance - if you need further details please just ask