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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Can you tell me how I go about getting guardianship

Customer Question

Can you tell me how I go about getting guardianship for my great granddaughter who is three in march. Her mother has requested this as she has poor mental health. The father has had no contact with his daughter for the past two years. I care for her most of the time. She does go and stay with mum some weekends.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Is the father named on the birth certificate?
May I ask how old you are?
Clare
Customer: replied 1 year ago.
yes he is. I am 64
Customer: replied 1 year ago.
he is on the birth certificate as they were together when Niamh was born. I care for Niamh and she lives here with me most of the time. he has not seen Niamh for about two years. His choice.
Expert:  Clare replied 1 year ago.
HiWhy does the mother feel that this step is needed - since the current arrangements seem to be working well(this is a necessary question as any action taken will involve the father and may involve social services)
Customer: replied 1 year ago.
If mum were to be hospitalised , Mum doesn't want dads family turning up and taking Niamh as she does not know them,. She has been in hospital twice before. The family used to see my great granddaughter when she was a baby and mum felt that when they had her they did not take good care of her.
Customer: replied 1 year ago.
Why would dad need to be involved? She was a very poorly baby and was in hospital 19 times last year (each stay about a week). Dad was always informed but rarely came (twice at the start) then no more. He has a new partner and is not interested.
Expert:  Clare replied 1 year ago.
There are two options available in terms of giving you a form of Parental Responsibility for the child.The first is for you to apply to the court for a Cild Arrangement Order which states that the child lives with you. This will last until the child is 16 - and gives you the same rights as her parents in terms of Parental Responsibility for her so long as she remains living with youThis involves a Court Application which will have to be served on both parents - giving the father the right to object if he wishes.The other is to apply for a Special Guardianship Order.This lasts until the child is 18 and again gives you the same rights as the biological parents - but it also gives you the right to take some actions even if the parents object The applictaion will involve giving notice to Social Services in advance so that they can prepare a report, and then a court applictaion which will again have to be served on both parentsYou can read more about both options herehttps://www.milton-keynes.gov.uk/adoption-fostering/documents/Special_Guardianship_Differences_V2.pdfIf you opt for the first pathway then you need to apply to the local Family Court on a form C100 - but furst you will have to arrang eto attend mediation with both parent sto see if they will agree and there can be a Consent orderIf you go the second route then you will need to ocntact Social Services first.Please ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I wish you could have given me this basic information on Monday.
Expert:  Clare replied 1 year ago.
My apologies - I only saw your question for the first time yesterday