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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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 3 GRANDCHILDREN ARE SUBJECT TO AN INTERIM RESIDENCE ORDER

Resolved Question:

MY 3 GRANDCHILDREN ARE SUBJECT TO AN INTERIM RESIDENCE ORDER WHICH THE JUDGE GRANTED TO THEIR STEP-FATHER. THEIR MOTHER(MY DAUGHTER) HAS BEEN ABUSIVE TO HER HUSBAND AND THE 2 OLDER CHILDREN. THE YOUNGEST CHILD IS FATHERED BY MY DAUGHTERS PRESENT HUSBAND, AND THE 2 OLDER GIRLS HAVE A DIFFERENT FATHER, WHO CURRENTLY HAS NO CONTACT WITH THEM.THE JUDGE SAID THAT THE 2 OLDER GIRLS WISHES AND FEELINGS MUST BE FOLLOWED, AND THEY HAVE CHOSEN TO LIVE WITH ME AND MY HUSBAND DURING SCHOOL TIME, SPENDING ABOUT 2 NIGHTS A WEEK AT THEIR STEP-FATHERS PARENTS HOME, ENABLE CONTACT WITH THEIR LITTLE BROTHER, AGED 3.WE ARE DUE BACK IN COURT IN MARCH 2014, FOR A REVIEW. AT THE FIRST HEARING IN DEC. 2013,THE JUDGE GAVE ME PERMISSION TO APPLY FOR A RESIDENCE ORDER FOR THE 2 OLDER GIRLS, AND CONTACT WITH THE YOUNGER GRAND CHILD, AGED 3, AND I AM CONTINUING WITH THOSE APPLICATIONS, SO I AM JOINED IN THE EXISTING PROCEEDINGS. LETTERS HAVE BEEN SENT FROM SCHOOL CONCERNING PARENTS EVENINGS, VACCINATIONS ETC., AND I HAVE SIGNED SOME PERMISSION SLIPS AS THEY NEEDED TO BE RETURNED QUICKLY, BUT THE STEP-FATHER HAS BEEN INFORMED. MY DAUGHTER IS CAUSING PROBLEMS OVER THIS, BECAUSE SHE DOES NOT WANT ME TO SIGN ANYTHING. SHOULD I SIGN THESE SLIPS ETC., OR AM I WRONG TO DO SO? THE STEP-FATHER IS LIVING PART-TIME AT HIS PARENTS HOUSE WITH HIS SON AGED 3, BUT ALSO HE IS RETURNING TO THE MARITAL HOME AND STAYING THERE SOMETIMES WITH THE LITTLE BOY. THE OLDER GIRLS DO NOT WISH TO SEE THEIR MOTHER BECAUSE OF HER PROLONGED BEHAVIOUR TOWARDS THEM, AND IF THEIR STEP-FATHER RETURNS TO THE MARITAL HOME PERMANENTLY, THEY DO NOT WANT TO GO BACK THERE. WHAT OTHER ORDERS COULD I ASK THE JUDGE TO CONSIDER AT THE NEXT HEARING IN MARCH?THE STEP-FATHER HAS BEEN REGULARLY ABUSED VERBALLY AND PHYSICALLY BY MY DAUGHTER, AND RECONCILIATION IS NOT LIKELY TO LAST LONG, GOING ON PREVIOUS HISTORY OVER THE LAST 4 YEARS

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
For clarity - the step father who holds the interim Residence order - is happy with your actions?
clare
Customer: replied 3 years ago.

he was not happy until i told him about the forms and the way they were configured.

Customer: replied 3 years ago.

yes he is now he knows the circumstances

Customer: replied 3 years ago.

I HAVE REPLIED TO YOUR QUESTION.

Customer: replied 3 years ago.

I HAVE REPLIED TO YOUR REQUEST, BUT HAVE STILL NOT RECEIVED YOUR FULL ANSWER

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
You should only sign slips where there is simply no time to wait the few days until they see their stepfather - and it would be sensible to speak to hims about it before doing so
At present he has the right to make such decisions and you do not.
I assume that you have indeed applied for the Residence Order and that this will be dealt with in March.
If not you should make the application as swiftly as possible as this is the Order that you need
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

I have applied for the residence order and the Judge allowed the application as it was part of my C1A from, where you can suggest orders that may be appropriate.


I am concerned that my son-in-law may return to live with my daughter, and the 2 olde grand children may feel compelled to follow. They are 14 and 13, and it has taken them many years to admit what has been happening to them. I will continue with the Residence order for the girls, and Contact with the grandson aged 3, BUT can I ask for any other Orders to be considered as a security for the girls?

Expert:  Clare replied 3 years ago.
Hi
There are no other orders you can ask for - these are the ones that will protect the children so far as you can?
Clare
Customer: replied 3 years ago.

When the grand daughters are with me, am
I " in loco parentis" and therefore able to sign school paperwork, ie: permission to play sport etc?

Expert:  Clare replied 3 years ago.
Hi
Provided their step father has confirmed that he is happy for you to exercise this power yes.
Clare


Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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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