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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1200
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Raised Granddaughter since 8 months old,

Resolved Question:

Raised Granddaughter since 8 months old, she's now 4 yrs 10 mths old. Been to court to legally obtain a residency order. Her mother decided to go for custody and the Judge with the assistance of Social Services ignored us and what my Granddaughters wanted and made an order in favour of her mother. We are in the transition stage but all we get from my Granddaughter is she hates going to her mums and to call the police because they keep shouting at her and hitting her. Her mums partner is even taking her to work on the weekends at a retail petrol station and she stays out of the way in a small hut so her mum can do things on her own. She is scared to go to her mums and we even have trouble getting her to bed and she cries herself to sleep dreading going to her mums. There's a lot more to be said but how can we keep our Granddaughter safe even though the Law has decreed she goes to her mums without a care for her emotional and physical well-being.
Kind regards
Donald ****
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - when was the residence order/ special guardianship order made?- has the special guardianship order been discharged?- what were the reasons why the mother couldn't care?- when was the court order made returning your granddaughter to her mother?- what are your current concerns in respect of the mothers ability to care? Kind Regards Caroline
Customer: replied 1 year ago.
- We applied for the SGO/Residency Order 2014 and mother counter claimed for custody. The final court date in Nov 2015 granted Residency Order to the mother (my daughter). No SGO was ever granted so no discharge needed.- Mother has 2 daughters who with her came to live with us in Feb 2012 after the breakup of her relationship to my Granddaughter's father. To avoid confusion the Granddaughter in question shall be known as "I" and the second older Granddaughter shall be known as "C". In Oct 2012 my daughter moved out after a bust up with us since we were looking after her children whilst she acted like a single woman with no cares at all. She was to organise accommodation for her and her girls but instead found another man and got pregnant so put her girls second to her new man and now new son "B". Her visits were infrequent even to the extent of going about a year without seeing them. The father of "C" (they have different fathers) with the agreement of the local constabulary and legal council from a judge arranged to take custody of child "C" to live with him, we had no reason to stop him since he had parental rights and we didn't and social services were happy with this. It turns out he wasn't a model father and eventually "C" was put in care then his mother "C"s paternal Grandmother obtained a SGO in her favour and not just the father but also the mother of child "I" is banned from seeing her till she's an adult (never been told reason why). Every time she comes home from her mums she has Thrush and stinks so she has to be bathed. The last time she went to her mothers she was collected from school and kicked and screamed in front of everyone and I couldn't do anything due to the court order. My daughter is clever so no one as a rule sees her shout or smack her but it does happen but because of her age no one except us believe her.- The court order was made Nov 2015 and went back to court Feb 2016 to sort out the transition order. The Judge was sympathetic to us since the original Judge had moved on but she could not go against his order.- My daughter can cope with one child but has never been able to cope with two at once. She has a son "B" who is her's and her new partners, he has a Daughter who they have every second week then comes my Granddaughter "I" so she comes second or third. She's very bright and intelligent with good manners all of which suffer every time she goes to her mums. Her diet becomes bland with more or less the same and not enough for "I" as all she does on her return is eat since she doesn't get enough at her mums. She has no toys to play with so is always bored and has to go to bed in the afternoon because her mum needs a rest whilst "B" has a nap (she never sleeps during the day at home).When she was living with her ex partner she concentrated on "I" and physically and mentally abused the older daughter "C". Now she has "B" she will systematically do the same to her as "C" and from what we can gather it will be her partner who raises her who has no rights over her.Long winded I know but hope you get the picture as to our dilemma.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. Just a few more questions: - has the court made an order in respect of the time you spend with your granddaughter?- what are your current concerns in respect of the mothers ability to care? Kind Regards Caroline
Customer: replied 1 year ago.
We can have every 2nd weekend and time in the school holidays that are agreeable all round. Basically holiday time is dictated by her mother.As far as caring "I" has to do as she's told. Sits on the floor to eat, bath maybe once a week, confined to living room or bedroom. Has no outside access due to unsafe garden (she's an outside type girl), has no interaction worth mentioning from her mother, her mums partner treats her like a baby, "I" will not sleep on her own so sleeps with mum (very unhygienic and no doubt were she gets Thrush from), always comes back filthy, always blamed for anything that goes wrong. Once came home with burn to elbow finally found out whilst mum taking something from oven (which needs condemning). Basically her mum puts herself, her son and her partner and daughter before her and I cant stand by and watch my bright young Granddaughter's childhood be marred with misery and sadness all because the Social Worker found it easier to recommend her mother who already has parental rights. The last time we spoke to them after court with our concerns because as far as they were concern the case is no longer anything to do with them and if we have problems we have their number or call childline!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Please accept my sincere apologies for my delay in responding to you today. I was in a meeting then travelling back home. Please can I ask - was the court aware of the issues when it made its order - or have these become more prevalent since mother is now caring? Also, is there are current involvement with social services? Kind Regards Caroline
Customer: replied 1 year ago.
We tried to explain and inform the Judge of our concerns but since a lot was here say of a child it was ignored making an assumption that my Granddaughter was being led in what she said. The social services who where supposed to take into account "I"s wishes again ignored them due to her age.The issues have become more prevalent since the court ruling and social services are no longer involved.I might add that from June 2015 I was hospitalised with Pancreatitis and unable to organise a suitable court case in such a short time and the fact that my wife is unable to sort out anything as complex as a court case and obviously being out of work left me unable to finance a solicitor.We originally had CAFCASS involved who backed our application but were stood down since we were also applying for a SGO which required a report from local Social Services who where more concerned in finding historic dirt on us (none found) and ignoring the recent failings of my daughter to her girls."I"s due to go to her mothers this Friday and is petrified, can we refuse to let her go due to our fears or not?
Customer: replied 1 year ago.
Caroline Its late so no reply expected to night.Kind regardsDonald
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Thank you for your response. If you are of genuine concern that your grand daughters basic needs are not being met by her mother then the correct approach in the first instance is to make a referral to social services to investigate the concerns that you have. Please be aware that social services are only looking for an acceptable level of care. From their perspective - if the basic needs of your granddaughter are being met then they make take no further action. If however on the other end of the scale - the local authority are so concerned then they may look to you to care. If social services take no action - but you are still concerned - then the only option that you then have is to return matters back to court so that the court may investigate the concerns that you have and also considering varying the current order that has been made. With a child so young - unfortunately whilst she would be spoken to - her wishes and feelings wouldnt be given much weight. That being said it is surprising to hear that the court returned your grand daughter to her mother despite her having been cared for by your for most of all her short life. This makes me question whether or not concerns were raised that you were possibly restricting the relationship between your granddaughter and your mother. I say this as a possible explanation for the return - it may well not be the position - but making an application to court last time - with a view to securing a position that had been happening for most of your granddaughters young life almost seems to have 'backfired'. I would hate for you to return matters back to court now and the time you spend with your granddaughter being reduced even further if the court considers that your concerns are not substantiated. Not with standing the above - it is important that children are safeguarded and if you do have concerns - it is correct to report to social services so that they can investigate and the court thereafter. It is advisable to have all your concerns detailed in a diary so that you have a record. Let me know if I can help you further. Kind Regards Caroline Please kindly remember to star rate our service
Customer: replied 1 year ago.
Thank you for your reply. My daughter has never been denied access so lack of contact was down to her. I suppose the best course of action would be to witness my Granddaughter being at work with my daughters partner at a garage thereby putting her in danger then call the out of hours Social Workers to come and deal with this first hand.thanks again
Expert:  ukfamilysolicitor replied 1 year ago.
Hello The concerns you have do need to be raised wit the Local Authority. I do not doubt that the mother was not previously committed and it is very clear to be that you have your granddaughters best interest at heart. If you concerns are not take seriously - then your recourse is court. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service
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