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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We are involved in a care case with our daughter and the custody

Resolved Question:

We are involved in a care case with our daughter and the custody of her 4 children due to be heard i court on the 21st October. Every other party is being state funded for their whole legal costs including the paternal grandparents however we have been refused any funding. we believe that this is detrimental and prejudicial to our case and as such we are be discriminated against. What are are rights as European citizens under European law ?
Thank you
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 is your involvement in the case?
Have you had a positive viability assessment?
Clare
Customer: replied 2 years ago.

Hi Clare,

We are the maternal grandparents supporting our daughter for custody of the 4 children in this case. The 4 grandchildren have been placed on an interim court order at the paternal grandparents since July 1st. We have been given a positive viability assessment for special guardianship whilst the PGP's have been declined twice by the local authorities. They have now commissioned a new independent report, again financed by the local authorities. We have been advised that a barrister who would represent us at the final hearing, which is scheduled for a 6 days, would cost us upwards of £ 20,000 and as I mentioned earlier, every other party will have a barrister representing them, including both parents, the local authority, the children s guardian and the PGP's. As detailed in our first enquiry, we feel very strongly that this is against our basic human rights under EU law and we are being discriminated against.

Kind regards

Stuart

Expert:  Clare replied 2 years ago.
Hi
What doe the Children's guardian recommend as the long term plan?
I am uncertain - is your daughter arguing that the children should live with her or with you?
Clare
Customer: replied 2 years ago.

Hi Clare,

The children's guardian wants to keep all 4 children together. We are aged 63 & 61 and the PGP's are 68 and 64 so realistically we have said we would care for the eldest 2 in the short / medium whilst our daughter would care for the younger 2. As always, matters are complicated as she has been involved in a controlled and abusive relationship and she has not always made the right decisions in life, especially in her children's interests. In the medium to long term we would want her to care for all 4 children with our support. The biggest problem in that she lives in Bracknell near the PGP's family whilst we are in North Norfolk and there are concerns regarding contact arrangements. In the short term we do not believe that the the authorities will support her having all 4 children, hence the 2 x 2 option with her relocation to North Norfolk. She has finally seen sense, albeit very late and has issued divorce proceedings.

Stuart

Customer: replied 2 years ago.

Our main concern is that there should be a level playing field with regards ***** ***** when the matter comes to court on the 21st October.

Expert:  Clare replied 2 years ago.
Hi
Is there no way that you can take all four children?
Clare
Customer: replied 2 years ago.

Hi

There are many factors preventing this such as the size of our home, transportation, financial resources and the fact that the youngest child is just 2 years old. We are told that any commitment and responsibilities that we make to take on all four children will be until the age of 18, at which time I will be 80+ years old.

Stuart

Expert:  Clare replied 2 years ago.
Hi
Would it be correct to say that your proposals are the same as those of your daughter?
Clare
Customer: replied 2 years ago.

Yes, we are putting a joint plan to the courts

Expert:  Clare replied 2 years ago.
Hi
Are you actually parties in the case - and who has refused the funding?
Clare
Customer: replied 2 years ago.

Hi,

No, we are not parties to the case. The local authorities in Bracknell have advised us that we are not eligible for funding.

We don't seem to be getting any nearer to an answer to our original question in respect of our European Human Rights ?

Stuart

Expert:  Clare replied 2 years ago.
Hi
I am afraid that this is NOT a case of discrimination
There is no automatic right for grandparents to receive funding - or for all parties to receive the same level of funding.
The grand Parents are not being funded by the Local Authority - they are being funded by the Legal Aid Agency - as are the two parents and the children.
You are not eligible for Legal Finding as you are not parties to the case
You can certainly ask to be joined in as Parties to enable you to apply for Legal Aid
HOWEVER since your case is the same as that of your daughter it is unlikely that the Legal Aid Agency would be willing to give you funding since they are already funding your daughter and there is no requirement for you to be separately represented
Your case for being made a [party and for funding would be stronger if you were able to take all four children.
Your case in general would be stronger if your daughter was willing to move near to you to enable the children to spend their time together every day.
I am sorry - I know that this is not what you were hoping to hear but sadly it is the position you are in
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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