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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1086
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My parents gained parental responsibilties of my kids 2

Resolved Question:

Hi, my parents gained parental responsibilties of my kids 2 years ago. I am writing to ask what i need to do to regain P.R. with my current boyfriend. Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am a solicitor and will assist you.
Please can I ask:
- how old are you children
- please explain how they came to live with your parents
- why couldn't you care for them at the time
- what type of court order was made, if any
- your current position
- your current contact to your children - how often is it? Is it supervised?
Kind Regards
Caroline
Customer: replied 2 years ago.

The girls are 7, 5 and 3.

My youngest was injured at 7 weeks old. Their father had previous history of the same thing with his other children and gave up on the girls soon after. I could not prove i was not involved as the time it happend was hard to pin point, so the option i was given was to let my parents have PR or lose them to social services.

This all happend in Australia and we all moved to the uk in November 2013 where my parents live. Neither the girls or I have heard from their father in 2 1/2 years.

There is no court order in this country that we know of, it was supposed to be transfered but we have no evidence it has been. There was only a minimum amount of contact stated in court and due to moving country i had no advice on what to do next. We have had no contact from social services since arriving in the UK.

I currently live in a 3 bedroom flat with my partner, we are both employed full time and have savings and a car.

We have the girls to stay with us every friday and saturday night and during the day, plus a week here and there in school holidays. We are at my parents house every night for dinner, bath and bed routine. I am involved with all decisions made regarding them, parents evening and doctors appointments.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
If there was no court order then it's unlikely that your parental responsibility was ever removed.
Everything sounds really positive for you.
Please can I ask - do your parents agree that your children should live with you?
Kind Regards
Caroline
Customer: replied 2 years ago.

Is there a way to find out for sure?

My PR was removed in Australia, the girls were in foster care for nearly 2 years whilst going through court and they transferd PR in court to my parents in Australia.

There was talk of the uk giving my parents a "special gardianship order" but they never followed through.

My parents would love the girls to be living with us, but we want to prove they can legally. We would all hate to do the wrong thing and lose the girls.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for confirming this for me.
If you do have a court order stating that your PR was terminated in Australia then you need to make an application to your local family court for a Parental Responsibility Order and a Child Arrangement Order to confirm that the Children can live with you.
The application forms you need is C100 and C2. You can get these from your local court or the HMCTS website.
The fee is £215.
There are new rules which prevent an application being made to court until mediation has been attempted first. I note that your parents do not contest your position and therefore you should explain to the mediator the position and they will likely sign off the form you need without you having to go through the full mediation process. There are lots of family mediators and there will be one local to you. One such national service is www.nfm.org.uk
Everything you have described is really positive and I am sure the court will recognise this. The court will likely order a report to confirm the position.
Courts deal with these types of applications quite quickly. They aim to resolve such cases within 20 weeks of you issuing the papers at court.
Kind Regards
Caroline
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Customer: replied 2 years ago.

Thank you. My partner has moved here from Australia, we all want to move back there once we have the girls, do you think there would be any issues in doing this?

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
You need to obtain the court order first to confirm the children can live with you.
To permanently remove the children from the UK jurisdiction you just need permission of everyone with parental responsibility. If all agree then there is no issue.
I am not an expert on Australian Law so am unable to comment on them accepting UK orders.
For the UK to have Jurisdiction to make orders - your children have to habitually resident in the UK. This requires a degree of permanence. As the children have been resident in the UK for nearly 2 years then the UK court will likely accept jurisdiction.
Kind Regards
Caroline
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Customer: replied 2 years ago.

You say "To permanently remove the children from the UK jurisdiction you just need permission of everyone with parental responsibility. If all agree then there is no issue" when we have PR, will my parents lose PR?

Expert:  ukfamilysolicitor replied 2 years ago.
No - just means they are agreeing that your children can go.
Kind Regards
Caroline
Customer: replied 2 years ago.
Is it possible to fully regain PR? So that my parents no longer have any?
I have briefly read some of the C100 form, would you advise us to get legal help filling it out as its a complicated matter?
Expert:  ukfamilysolicitor replied 2 years ago.
If the court grants you PR then that is full PR whether or not your parents still have PR or not.
Whilst I mentioned above that the UK court is likely to accept Jurisdiction - I am a bit cautious that the UK may consider that your applying here to get around the Australian order but I am mindful of your positive situation and I think that the court will accept that.
You can apply without a Solicitor but it may be helpful if at the least you ask a Solicitor to prepare a statement for you in support of your application so that the background to your application is clear and precise.
Kind Regards
Caroline
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Customer: replied 2 years ago.
Can my parents give up their PR if the court grants it to us?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Yes they could.
Kind Regard
Caroline
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