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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
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 daughter lives in Sunderland and her children have been

Customer Question

My daughter lives in Sunderland and her children have been taken into care pending their enquiries. My wife is foster caring in their home alone with two babies. She wants to bring them home to Hull where we can give them the best care but the social worker will not release the case or allow my wife to come home. If I apply for parental residency do social services have to approve this?
Thanks
Shaun
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.
How old are the children?
When were Care Proceedings commenced and when is the next hearing?
Clare
Customer: replied 2 years ago.

Hi Clare, the children are 6 weeks and 15 months. My daughter took the youngest to hospital 2 weeks ago and they were taken off her and her partner about 5 days later. My wife(partner) agreed to be a foster carer so they wouldn't end up with strangers. As far as I know there have been no hearings just one social worker who is carrying out investigations. We wanted to transfer the case to Hull and move the children in with us whilst things were sorted. My daughter and partner would also relocate to Hull. My wife is on her own in a strange place with no support. The social worker would originally not allow her home until our house had a risk assessment by the social worker even though one had already been carried out by our local council.

It seems as though they are trying to break my wife so they can put the children with a local foster carer. Do we have any rights as grandparents to care for them in our own home? What about human right convention on family life?

Sorry, probably more info than you need but I'm getting very frustrated as I feel if we complain they will just take the children away

Shaun

Expert:  Clare replied 2 years ago.
Hi
Has your daughter seen a solicitor?
Clare
Customer: replied 2 years ago.

No. Her parents father has seen someone but I don't believe he is a family expert. They are not allowed any contact with the children because he was "uncooperative" in the hospital. My daughter would probably qualify for legal aid if she did but I don't think she has the confidence to do it alone.

Expert:  Clare replied 2 years ago.
Hi
Just to check - there has been no court hearing, your daughter has not seen a solicitor - but she has signed a document agreeing to the children being in voluntary care - currently placed with your wife?
Clare
Customer: replied 2 years ago.

All correct. She can withdraw consent but the risk is they go into care.

Expert:  Clare replied 2 years ago.
Hi
Please take your daughter to a solicitor as soon as possible - without her partner.
You are correct she will get Legal Aid.
She should write a formal letter saying that she will withdraw her Consent UNLESS they allow your wife to bring them home with her to Hull.
This is a reasonable request and if Social Services chose to start Care Proceedings because of it they will have to explain why your wife can care for the children in her daughters home but not in her own - and the court will not be impressed.
An alternative is for you and your wife to ask permission from the court to apply for a Residence Order for the children - but this would be a more permanent plan that I assume is actually needed
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

is there a problem with her partner? It was his father that was unreasonable in the hospital.

My bed beckons - can I pick this up in the morning?

thanks for your help Clare

Customer: replied 2 years ago.

i have been told by a solicitors secretary that legal aid stopped 2 years ago. Is this true for care cases?

Expert:  Clare replied 2 years ago.
Hi
No it is not - not for care cases - so do NOT use that firm
find one on this website instead
www.resolution.org.uk
It is not so much that there is a problem as that if she ever has e to chose between him and the children - and separate representation can make that easier
Clare

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