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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband died in April and I now look after s 2 daughters

Resolved Question:

My husband died in April and I now look after his 2 daughters (their mum is also deceased) I agreed to take on the girls before he died, however their maternal grandparents have said they have asked the girls and they will be taking them in and will be living with their brother (he has been living away from the family home since age 15 is now 19). I was asked to let the girls go or they would fight to get them. I was with their dad from 2008 to his death, only moving in last year and marrying in March. I am not sure if I fought to oppose the move if I would win, there is the added difficulty that the elsdest daughter (aged 13) and I have never got on, we tolerate each other at best, ***** ***** is aged 9, nearly 10 and doesnt really want to go but will as she doesnt want to be separated from her siblings. my husband did write a will to say I should look after the girls, however he did not get the chance to sign the will, if I did fight this what would be taken into consideration and what would be my chances if winning?
Submitted: 6 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when is that the grandparents have said that the girls will be taken?

- how far away is this? will they have to change schools?

- have you asked the girls what they want to happen?

Kind Regards

Caroline

Customer: replied 6 months ago.
Hi Caroline,
The grandparents have bought a house in our town so they will not need to change schools, I have said that I will take care of the girls till at least the end of the school year, as they still need to complete on the house and have not moved yet.
I have asked both girls what they want to happen the 13 year old is 100% wanting to go, as she misses being with her brother and as previously said we do not get along very well. The 9 year old is wanting to go but only because she wants to be with her sister and brother, she still wants contact with me which has been agreed with the grandparents.
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response.

My apologies for my delay in responding to you.

To put your case in the court arena - you would need to complete Form C100 - asking for a Child Arrangements Order for both girls to live with you. This would be the correct thing to do as currently you have no parental responsibility for the girls.

The court would make a decision as to whom the children would live based upon the best interest of the girls.

A positive for you is that the girls have lived with you for so long. The girls stability is with you.

On the other hand - the court will take into account the wishes and feelings of the girls. When a child reaches around the age of 13/14 (older for some, younger for others) they will often consider a child to be Gillick competent. The court will then give strong regard to the wishes and feelings of the child. If the 13 year old is clear that she wants to live with her grandparents then the court will give strong regard to such a wish in light of her age and understanding.

Courts do not like to spilt siblings. If the 13 year old wanted to go then it would be highly unusual for a court to separate the siblings.

In reality therefore it is likely that the court would approve the children living with their grandparents on the proviso that it is safe for the children there and there are no child protection concerns. That being said - I do think that your case needs to go to court. I am not sure of the timescale of the planned move of the grandparents and in the interim you do need parental responsibility. The grandparents will also need parental responsibility if the children live with them. The only way for either you or the grandparents to obtain parental responsibility is by court order.

Do let me know if I can help you further.

Kind Regards

Caroline

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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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