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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
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Dear Solicitor Can British kids living in Jordan with grandmother

Resolved Question:

Dear Solicitor
Can British kids living in Jordan with grandmother custody (granted by Jordanian court against the mother ) be eligible for public funds ?
can the Grandmother ask UK solicitor to act on her behave to enforce the Jordanian court order and then get their British passport as custody right holder ?
Please note she is 70 year-old . No work , and she is Jordanian but the kids are British .
Many thanks
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.
If the children are living in Jordan why are proceedings necessary in the UK?
Clare
Customer: replied 2 years ago.

Dear Clare

many thanks

simply , the father abducted the kids from UK , the mother issued family court prohibiting the father or his agent to have their passport , the kids' custody transferred to Grandmother ( mother of the father ) by Jordanian law .

now 6 ys elapsed under the care of Grandmother (boys' age now 13ys and 10ys ).The mother left the kids and lives permanently in UAE (Syrian –British)

kids carry dual nationality (Jordanian ) . Due to instability of the region , Grandmother may require British passport to move the kids if needed .

the passport office refused the application done by the grandmother as could be seen as an agent to father ( legally not ,she is custody holder ).

The grandma asking if she could claim public fund while she is Jordan because legal issue pertaining to British kids and enforcing her Jordanian Custody in the UK court ) if so ,is she able to appoint solicitor in her behave acting for the kids .

Best regards

Bassam

Customer: replied 2 years ago.

Dear Clare many thanks

simply , the father abducted the kids from UK , the mother issued family court prohibiting the father or his agent to have their passport , the kids' custody transferred to Grandmother ( mother of the father ) by Jordanian law .

now 6 ys elapsed under the care of Grandmother (boys' age now 13ys and 10ys ).The mother left the kids and lives permanently in UAE (Syrian –British)

kids carry dual nationality (Jordanian ) . Due to instability of the region , Grandmother may require British passport to move the kids if needed .

the passport office refused the application done by the grandmother as could be seen as an agent to father ( legally not ,she is custody holder ).

The grandma asking if she could claim public fund while she is Jordan because legal issue pertaining to British kids and enforcing her Jordanian Custody in the UK court ) if so ,is she able to appoint solicitor in her behave acting for the kids .

Best regards

Bassam

Expert:  Clare replied 2 years ago.
Hi
Has the mother refused to support the applictaion?
Clare
Customer: replied 2 years ago.

Yes she refused despite against the kids' interest , she has been away from them (except irregular visiting time allowed as per her (she filed a visiting case granted by Jordanian Court , though she has been frequently absent wit no reason hence the court disallowed or stopped the visiting for 6 months) .

Expert:  Clare replied 2 years ago.
Hi
What contact does the father have?
Clare
Customer: replied 2 years ago.

The father is working in the UAE, frequent visits to Jordan every 6 weeks to the kids for few days but in daily touch with kids through Skype. of course mother working but nothing to do with kids' raising .the grandma dose every things supported by father financially

Expert:  Clare replied 2 years ago.
Hi
I am sorry but there is no question of Legal aid being granted in these circumstances.
An application can be made here in the Uk by the grandmother for the Order to be varied - but not using Public Funds I am afraid
I am sorry I know that this is not the answer you hoped for, please ask if you need further details
Clare
Customer: replied 2 years ago.

,please last point

can she appoint solicotr while in JORADN if she manages the cost ?she can't be physically in the UK! surprisingly I was told by friend if legal mater related to the kids and the quardian has no money (the grandmother ) ,the case would be eligible to puplic fund !

Expert:  Clare replied 2 years ago.
Hi
Yes she can certainly instruct a Solicitor to deal with the matter if she can pay, and any hearings can be dealt with by Video link if necessary.
If the children were in the UK; or if they had no other passports then it is possible (not likely) that Legal Aid might have been granted
Clare
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