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 Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have a Residence Order for my 11 year old blind autistic

Resolved Question:

I have a Residence Order for my 11 year old blind autistic granddaughter. Her mother has failed to return her to my care after the Easter contact. How long does it take to obtain an Enforcement of a Residence Order through the Courts.
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.
When was the Order made, why has the mother done this and is the child in school?
Clare
Customer: replied 3 years ago.

Hello Clare


 


The order was made in February 2012. The mother has held onto my granddaughter because her Social worker has scare mongered her mother into thinking I am on death's door, which I am not. To my knowledge, my granddaughter is not in school. She did attend an Ofsted rated Excellence school in Dartford. There are none in Plymouth., only good.


 


Malinda

Expert:  Clare replied 3 years ago.
Hi
Where has that idea come from?
Does your grand daughter not have her own Social Worker?
Clare
Customer: replied 3 years ago.

I was ill in 2012, I had a blood clot that traveled to my heart and I was very ill. I found out that I have stage 2 diabetes. I have been in hospital twice more, once in December 2013 with ulcerated legs and once in February 2014 with gall stones. The last 2 incidents were totally unrelated to the 2012 incident. My granddaughter;s social worker is on long term sick and she has a locum social worker. The locum is insistent that my son rings me twice a day to ensure that I have not died. When my granddaughter;s mother decided to keep her in Plymouth, Social Services closed their file on her. I have put in a complaint about the social worker but her Team Leader says there is nothing she can do because Amber is now out of the County. She is now in Devon.

Expert:  Clare replied 3 years ago.
Hi
Who cared for the child while you were in hospital?
Why was the child in your care to start with?
Clare
Customer: replied 3 years ago.

2012 she was having contact with her mother. December 2013 she was having Christmas contact with her mother and February 2014 my ex-husband and his new wife looked after her.


 


I have a residence order because her father married and her new stepmother was abusing her mentally and physically. I have looked after my granddaughter for approximately 9 years of her 11 years. It breaks my heart that she is now with her mother, because she threw her out with my son when she was only 1 year old.


Malinda

Expert:  Clare replied 3 years ago.
Hi
What is the usual contact pattern?
Clare
Customer: replied 3 years ago.

My granddaughter spends half of Christmas, half of Easter, 4 weeks of the summer holidays and two of the half terms. She is to be returned to me at least 2 days prior to the start of school term.

Expert:  Clare replied 3 years ago.
Hi
Will Social Services support you or her mother?
Clare
Customer: replied 3 years ago.

Social Services already supported me in 2012. They say they can do nothing now that my granddaughter is out of their area. However, Plymouth Social Services have not opened a file on her. I have put in an official complaint against the Social Worker here for her unprofessional way of dealing with this matter. It seems like the Social Worker has given no thought to my granddaughter;s wishes and feelings which of course should have been paramount in her dealings with this case. My complaint is going through at the moment so, no I don;t think they will back me. I think the social worker advised her mother to keep her down in Plymouth.

Expert:  Clare replied 3 years ago.
Hi
Have you sent the forms to the right court now?
Clare
Customer: replied 3 years ago.

Yes, because the original order was made at Medway, I have to send them there. If that is the case, then presumably her mother will have to serve them at Medway as well. Am I right.


 

Expert:  Clare replied 3 years ago.
Hi Malinda
Will your GP confirm that you are well enough to care for the child?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Sorry, I fell asleep.


 


I did contact my Dr. he said he was not prepared to do a letter unless requested by the Court. He mumbled something about social services and baby P.


 


Malinda


 

Expert:  Clare replied 3 years ago.
Hi Malinda
You have done everything right in making the application for the return of the child to your care
However I have to be honest with your and say that it will not be a straightforward matter of the child simply being returned to your care
I suspect that there will be a CourtCase to determine if you are well enough to actually care for her for the next seven years or more - and sadly it appears that Social Services - who the Court Will ask to prepare a Report - doubt that you will be able to cope.
You could ask for an Order that she returns to your care whilst the long term decisions are made but I fear that there is no guarantee that this will be granted.
However there is a very good chance that you can get an Order that the child spends the forthcoming half term with you - and the start of the summer holidays if the matter is not resolved by then
I am sorry - I know that this is not the news that you wished to hear - but sadly it reflects the reality of the battle that you face
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you for your reply, however, all my hospital discharge papers state that there are no follow up appointments necessary except for the gall bladder operation. The complaint that I put in to social services, I had my granddaughter's locum's team leader come to see me and she agreed that the social worker had acted beyond her powers. However, she said that she would investigate what I told her and reply by next Friday. She did say that there was nothing more to do because my granddaughter is out of the county, but she did look worried when I pointed out all the misrepresentations in the assessment, some of which were quite damaging to me and my family , and told her what she had said to me. She further said that the locum social worker was an experienced senior social worker and I told her that unless I was satisfied with her procedure of my complaint, I would take it further.


 


Malinda


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry but that does not change matters.
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare,


 


I have been in court for most of today and the court have told me that I hold a "live" Residents Order and that I can go and pick her up as soon as I like but they did say to get legal advice which I have done and they all say that I have a right to go and get her.


I phoned her mum today when we came out of court but she is not answering the phone to me so I left a voice mail saying we would be down tomorrow to pick my granddaughter up.


 


Hopefully it will all go smoothly.


 


Thank you for your help.


 


Malinda

Expert:  Clare replied 3 years ago.
Hi
I hope all goes well - do let me know
Clare
Customer: replied 3 years ago.

Hello Clare


 


I went to pick my granddaughter up on Saturday. We had to call the police to enforce the residents order. They in turn had to ring social services out of hours team and they said that as I had a live Residence Order they had to abide by the court order and we were allowed to bring my granddaughter home eventually. However, the stipulation was that I had an emergency assessment to see if I could cope with my granddaughter and her needs and I came out with flying colors. She is going to send her report into our social services team stating that she has no concerns regarding my health or my granddaughter's needs not being met. However, my granddaughter came back from Plymouth minus one of her eyes and her coat and DSi.


 


But she did come back with head lice! Her mother has put in for an interim residence order last week, so now I guess we will have to fight it out in court unless social services agree that their original assessment was misleading.


 


Thank you for all your help.


 


Malinda

Expert:  Clare replied 3 years ago.
Hi
The fact that you passed the assessment is excellent news.
Try and get your granddaughter back into her routine as soon as possible - and remember to look after you!
Clare
Clare and other Family Law Specialists are ready to help you

Related Family Law Questions