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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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hi, my sister passed away about three weeks ago and has left

Customer Question

hi, my sister passed away about three weeks ago and has left a child of 19months behind. myself and the childs maternal grandparents are taking care of her. My sisters husband is on a spouse visa which takes into considertion his relationship with his daughter. he cannot receive any public funds whatsoever and he doesnt have his own accomodation. he is on the 10 year visa system and then after that he can apply for indefinite. My sister and her husband were going through a bit of a breakoff before she passed away and she was staying at our parents house with the child. Now i want to know whose custody the child comes in? Because she is still living with my parents at the moment and we would like to keep it that way because the father has an unsteady job and no where to keep her.

what he wants to do is use his child to fight a case on her behalf so he can get an indefinite visa quickly. We feel she is going to be misused so i would like some information on our rights.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Why do you believe that her father would be a risk to the child?
Clare
Customer: replied 2 years ago.
We feel he is solely going to use his daughter for his idefinite stay in the uk and to claim various benefits. He also threatened he would take her back to Pakistan. We know he has no one there or here to care for the child. His relationship with my sister was very on and off and he used to harass her alot. My sister was staying with her daughter at our parents house at the time she fell ill and passed away because she had had an argument with him.

My niece has been staying at my parents for the past three weeks with his consent because he knew he couldnt look after his child. Now he wants to take her solely for his own benefit.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that at the moment he is the only person with Parental Responsibility for the child and the only person entitled to have her in his care.
If you or your parents wish to challenge this then an application will have to be made to the Court for Permission to apply for a Residence Order.
They will need permission as they have no automatic right to apply for an Order.
It will then be up to a CAFCASS officer to decide what is best for the child
Details here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
The forms are here
http://www.familylaw.co.uk/system/uploads/attachments/0006/9047/C100.pdf
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
The fee is £215
I hope that this is of assistance please ask if you need further details
Clare
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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