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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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How can I as a grandparent get a residence order as my sons

Customer Question

How can I as a grandparent get a residence order as my sons girlfriend has all ready had 2kids in care and because my son is still with her we have been told s workers are going to get a interim order but my son and his girlfriend want me to have baby when it's born but am been told I will have to foster it can u help me and tell me what
I need to do please I don't want to foster it will take too long and baby due this week people are saying get a residence order I don't no what to do
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your son not willing to separate from his partner in order to have the child in his care?
Has there been a Pre-birth meeting regarding the baby?
Do your son and his partner have a solicitor acting for them - and has a "viability assessment" been completed on you as a potential carer?
Clare
Customer: replied 2 years ago.

Hi they said my son needs to go on parent courses and prove e can look


After a child they both have a solicitor but I cant get legal advice as a cant afford it there as been a meeting they did say tge baby could come to me then they said because my son is going to move to his dads and I go there every day to help with my disabled son who is 29 they have now said I cant as my son will be there and I wont be able to safeguard the baby social worker said i have past the assessment and i have to foster the child so have to be assessed again by them and it is and that have said as my son is going to be at his dads when i go to help with my disabled son they don't think it is appropriate so i have to be for us est before i can care for my grand son when he is born this week sometime we didn't want him going into care and both parents have said they want me to have him to look after until they can be assessed in the next 6 months what can i do to get the appopriate order 2 have the baby with me can you help me please

Expert:  Clare replied 2 years ago.
Hi
Can you stop caring for your son?
Clare
Customer: replied 2 years ago.

No I need to keep caring for him am his maen carer e out most of day at a care centre so I would only be going there in a morning and t time when e gets bk and my daughter lives over road so I was going to leave baby with her she as 3 kids of her own and yhey no bout her

Expert:  Clare replied 2 years ago.
Hi
Could the father of the child go and live somewhere else?
Clare
Customer: replied 2 years ago.

Is there any other order I can get to look after my grandson as my son as no were else to live un less e lives at my daughters and I dont go there when e in

Expert:  Clare replied 2 years ago.
Hi
No application or a Residence Order can be made until the baby is born - and when you do apply the court will ask Social Services for their opinion so I am afraid that you have to work with Social services if you want the baby in your care - there is no other Order that you can obtain from the court without their agreement and co-operation.
If they have already said that they are willing for you to take the baby then that is half of the battle so your son needs to make housing arrangements that allow this to happen
Whilst you cannot get separate representation at this point, once the child is in you care you can ask to be added as a party which will entitle you to Legal aid
In the mean time your son's solicitor should be assisting you as you represent the best chance of the child remaining in the family
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi could a get a guardianship for the baby so I could have the baby till we get things sorted

Expert:  Clare replied 2 years ago.
Hi
Again only with the co-operation of Social Services
Clare

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