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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am a UK citizen, but resident in Ghana. I intend to bring

Resolved Question:

I am a UK citizen, but resident in Ghana. I intend to bring my son, age 13 ( also a UK citizen), back to the UK( England), to continue is schooling. My husband and want to give legal guardianship to a friend of ours who is resident in the UK. What is the process for this and what documentation is required.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Will the child be here for term times only?

Customer: replied 1 year ago.
Hi Clare, sorry I couldn't get back to you earlier.
No, the child will remain in the UK predominantly.
Expert:  Clare replied 1 year ago.

So a form of private foster care?

Customer: replied 1 year ago.
Please explain further. Or explain what you mean by private foster care. My son will be in the care of the family friend whilst attending school and also whilst out of school in the UK. However, he will occasionally visit with us in Ghana and we will occasionally visit with him in the UK.
Customer: replied 1 year ago.
Hi ClareI hope you got my response yesterday to you question-hope to hear from you soon.
Customer: replied 1 year ago.
Hi Clare- I see you're online now. Any information or answer to my question? Thus far I've had no information- only questions.
Expert:  Clare replied 1 year ago.

My apologies for the delay.

I have been hunting for a suitable template for you but most of them are American where such things have more legal force.

A Foster Care arrangement is where a child is placed with another family to be looked after instead of remaining with the biological parents

In the Uk this is usually arranged by Social Services.

However it is possible for there to be private fostering

You can read more here

http://www.privatefostering.org.uk/

However as you have realised the Foster Carer will need authority to deal with Medical and Educational issues

You can adapt the template here

http://singleparents.about.com/od/legalissues/ht/temporary_guard.htm

To suit your situation.

In the UK there is no need for it to be notarised

I hope that this is of assistance - please ask if you need further details

Clare and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear ClareI've been trying to send a follow-up question, so that I can rate you - but have been unable to do so on my tablet. I keep being prompted to call - which is not an option for me.
Can I confirm whether private fostering is preferable to legal guardianship (which is what I enquired about) because it is an easier process that doesn't involve court or because legal guardianship is not appropriate in these circumstances?
I noticed that the private fostering is for children below the age of 16 - what is the arrangement after 16?Many thanks
Expert:  Clare replied 1 year ago.

There is no Court application that can be made at present as the child is not in the UK.

Accordingly there will be a Private Fostering to start with.

If you then wish to allow your friend to have a Residence Order you can consider this - but it would mean that they share the same rights as you which may not be what you want.

After 16 matters can just continue but it is no longer the business of Social Services