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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33326
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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What happens if a parent transfers guardianship to another

Customer Question

What happens if a parent transfers guardianship to another family member (eg. son passes to his mother? )
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 long has the child lived with the other family member?
What is the background to the question?
Where is the child's mother?
Clare
Customer: replied 2 years ago.

Attachment: 2014-11-02_101922_miss_emma_kearney.docx

Please find attached letter outing events so far.

The child stays with the family member (grandmother) most weekends and weeks at a time when the mother need a break.

As per the attached letter, my brother is due in court on Friday and is looking at a prison sentence, we are worried that if he is not present we will not be able to see or be involved with the child,.

The childs mother is around, but presently deemed unfit by social services and the child has been placed in temporary foster care,

Thank you :)I have 4 questions with you all together

Expert:  Clare replied 2 years ago.
Hi
There is no way of the father assigning Guardianship in this way I am afraid.
However since clearly there have been no Care Proceedings to date (there would have been a hearing) then the father can give notice to the lOcal Authority that he requires the return of his son to his care and he can then place the child with his mother.
The Grand mother can then apply for a Child Arrangement Order stating that the child lives with her.
Please ask if you need further details
Clare

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