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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter 2.5 yrs had been with her grandmother for 9 months

Customer Question

My daughter 2.5 yrs had been with her grandmother for 9 months as I had a breakdown n struggled with alcohol. I have ask for her return to me since the beginning if the year I'm in full time employ there is no sec20 if I remove her will police take her bk n cld I request police prescence as grandmother wouldn't readily hand her over
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years 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.
What contact do you have with your daughter and do Social Services support her return to your care
Clare
Customer: replied 2 years ago.
I have had a parent assement, bt I think s.s are going to support grandmother in a SGO I see her once a week for 3hrs supervised by grandmother n S.s won't budge on this I've been advised to apply for a residence n remove her as I still have full PR n s.s don't have my consent for her to be there voluntary any longer
Expert:  Clare replied 2 years ago.
Hi
What was the outcome of the Parenting Assessment and who has given you that advice?
Clare
Customer: replied 2 years ago.
I was advised by a solicitor to remove her as I'm nt getting anywhere with S.s n I know the recommendations of the assement r to stay with gran
Expert:  Clare replied 2 years ago.
Hi
was this the solicitor who is handling your case?
Did he or she explain the need to give notice - and the possible consequences?
Clare
Customer: replied 2 years ago.
Yes she did say I cld give them 20 days notice, n then they might start care proceedings. But that I cld jst go n get her. Bearing in mind the s.s never took Gabriella off me I took her to her grandmothers when I became unwell. I jst don't think time is on my side anymore the longer I leave her there.
Expert:  Clare replied 2 years ago.
Hi
What was the outcome of the parenting Assessment?
Clare
Customer: replied 2 years ago.
I've yet to be told but she told me at the assessment of her main concerns, worrys of me drinking next time I have a 'crisis' concern that me n my VERY ex will get back together. She did outline the positives I.e working closely with alcohol services, having my own place, full time employment and a positive prebith assessment, but every point had a 'but' on the end she was very sceptical on everything I told her n was second guessing everything n she always mentions the fact how long Gabriella has been away from me n she won't budge on contact so i know what her recommendations are going to be, to stay at grandmother n for her to pursue an SGO. I jst want her home now, and I jst need to know if the police would take her bk to her grandmothers if I was to collect her bearing in mind there's no CP issue or sec20 agreement n I have full PR.
Expert:  Clare replied 2 years ago.
Hi
Just to check - your mother will not support you in this?
Clare
Customer: replied 2 years ago.
It's her paternal grandmother, and she just does what the s.s tell her, she's nt one to question anyone in authority. We are meant to be going for mediation bt I can't see her going against anything s.s advise her.
Expert:  Clare replied 2 years ago.
Hi
Sorry - a pre-birth assessment?
Clare
Customer: replied 2 years ago.
Yes because of past problems with previous relationships n my other children, n my relationship with gabriellas dad was fairly new at the time.
Expert:  Clare replied 2 years ago.
Hi
So that was three years ago/
Clare
Customer: replied 2 years ago.
Yes it was completed October 2011
Expert:  Clare replied 2 years ago.
Hi
I am afraid that has no relevance now
Legally you are fully entitled to collect your child whenever you wish but I am very concerned about the possible rebound for you.
If you do take her it may bounce Social Services into either issuing care proceedings or funding the grandmother to apply for a Residence Order
In that case the fact that you simply lifted her could go against you
I would compromise and give them 48 hours notice of your intention to retrieve your daughter - but be prepared for immediate court proceedings
I hope that this is of assistance - please ask if you need further details
Clare

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