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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
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My ex partner is terminally ill and very close to the end,

Resolved Question:

My ex partner is terminally ill and very close to the end, I have a 7 year old daughter who lives with her and her mother. When my ex partner passes away I have been told I can go and bring my daughter to live with me as I will be the only person with parental responsibility. This will be against the grandmothers wishes. How do I physically go and get my daughter without causing a scene. Do I go to the police or social services ?
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.
What contact do you currently have with the child and do you believe an immediate move is in the child's best interests?
Clare
Customer: replied 2 years ago.

I have had access to bring my daughter to scotland for holidays for 2 weeks at a time in school holidays and i phone her twice a week. I am happy for my daughter to stay with her mother until she dies and for the funeral and then I want her to come and live with me and my wife. Her grandmother is 68 and not in the best of health herself and i really do believe that my daughter will be much better off with me. I do not get on with the grandmother , she has told me that if my daughter stays with her she will only let me visit 4 weekends a year. This is a big step back as far as access goes. If my daughter comes to live me me I will take my daughter to visit her and allow her to come and visit as often as she likes. If there is no legal reason why I can't have her then I need to know what is the best way to go about it.

Expert:  Clare replied 2 years ago.
Hi
Have you discussed this with your ex at all?
Clare
Customer: replied 2 years ago.

Yes, she would like m daughter to stay with her mother, but I really believe it is not in my daughters best interest. It would not be long before she became a carer for her grandmother.

Expert:  Clare replied 2 years ago.
Hi
I appreciate that.
Do you intend to attend the funeral?
Clare
Customer: replied 2 years ago.

No I do not intend to attend the funeral as the grandmother would not want me there. I am quite happy for my daughter to stay with the grandmother until after the funeral. I am trying to do whats best for my daughter causing the least amount of upset.

Expert:  Clare replied 2 years ago.
Hi
legally you are correct - you will be the only one who has Parental Responsibility for the Child and do indeed have the right to take the child into your care.
However neither the Police not Social Services have any role in assisting you in doing so - although if the grandmother calls the police then they will no doubt attend and on that basis if you do decide to simply collect her then you may wish to warn them beforehand.
The other option is to give the grandmother warning that you intend to do this and set a date, for instance you could let her know that you will collect her at the end of the next school term.
The Grandmother can apply for an Order to prevent this and ask for an Order that the child lives with you - but it is highly unlikely that she will be successful given the circumstances.
I hope that this is of assistance - please ask if you need further details
Clare
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