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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 niece suffers from bulimia nervosa sh. Has two boys 6 and

Resolved Question:

My niece suffers from bulimia nervosa sh. Has two boys 6 and 2 social services are involved they have asked her sister and mum to seek temporary residency order shes not allowed to be unsupervised with the boys this is a massive strain on our family as her mum the grandmother works were seeking advice as how to go about getting legal help to fight this can you help please
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.#
Has your niece got a Solicitor?
Clare
Customer: replied 3 years ago.

No I've no idea where to take her and she is worried about costs

Expert:  Clare replied 3 years ago.
Hi
You can find a Local Family Law Specialist on this website www.resolution.org.uk and Legal Aid is still available where there is a risk of children going into care.
You can also get support and advice from the Family Rights Group (www.frg.org.uk)
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Is legal aid only available to the boys mother or can her mother the grandmother get legal aid she works as a Ta in a local school but if she were to take the boys in full time she would have to gi've her job up its a massive strain. On us all especially the boys the miss there mum it's harsh how they say she can't have the boys unsupervised she hasn't harmed them it's an illness

Expert:  Clare replied 3 years ago.
Hi
If there are actual Care Proceedings and the Grand parents are made Parties to the case then yes the grandparents can also get Legal Aid - otherwise no I am afraid
Clare
Customer: replied 3 years ago.

The social services have asked grandma to seek resdentail order but the mother's worried it takes her boys for good? And she wants them back will grandma be better off going for foster care rights to look after the boys instill mums better? Because the youngest is only 2 which would mean she would have to give up her job?

Expert:  Clare replied 3 years ago.
Hi
How long have the children been living with their grandmother?
Clare
Customer: replied 3 years ago.

Well there with her sister in the week because grandma work. But her sister's a new mum and got a 9month baby so it's a bug strai. In her they have been away from mum about 3wks now grandma has the Friday to Sunday

Expert:  Clare replied 3 years ago.
Hi
At present then no Legal Aid would not be available.
However Grand ma can ask Social Services if they are willing to pay foster care allowances for the children instead of there being a Residence Order
Clare
Customer: replied 3 years ago.

I think she has mentioned it to them in the last meeting and they said she has to go for a temp residency order which doesn't really help anyone financially we don't want the boys going into care but we're not sure what's the best plan of action dies this mean mother as no legal aid entitlement. She wants her boys back she is happy for mum and sister to help look after them but she's nit sure how long this order is for? Can mother get any free legal advice they have a meeting Thursday with social services? I would just like it for mum and gran to be able to say they have someone on there side

Expert:  Clare replied 3 years ago.
Hi
Your niece is entitled to Legal Aid - there is no problem there.
The grandmother should speak to the Family Rights Group
Social services want a Residence Order as then they do not have to pay any allowances - do not agree to it.
Point out that there is no need for an Order as mum has agreed to them staying with the family
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

They signed some form of agreement with social services because the threatened to take the boys straight into care so can I take my niece to a solicitors and she will get legal aid what if grandma says in this meeting she will take the boys as long as they help pay for them because she will loose her job they haven't really given anyone a chance to sort out anything it came out of the blue causing major stress on the family as my dad's been diagnosed with cancer it's a nightmare

Expert:  Clare replied 3 years ago.
Hi
Yes you can indeed get you niece to a solicitor.
At the next meeting Grandma needs to say that whilst she is willing to have the children with her she does not need a Residence order and DOES need financial assistance - and she should speak to the Family Rights Group first
Clare