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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have had residency of my granddaughter since 2005, she has

Customer Question

I have had residency of my granddaughter since 2005, she has lived with me since she was a baby, her mother has tried to take me to court several times trying to get staying access, I have never stopped her seeing, talking to, or sending her things, she has made no effort to know her daughter, also she and her partner take heroin, im not comfortable leaving my grandchild in that kind of environment. when my granddaughter was 7years old she asked me to adopt her, this was not prompted and completely out of the blue. she is now nearly 14 and id would like to know if she is old enough now to be adopted without her mothers permission?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
May I ask why she feels that she wishes to be adopted rather than simply continue to live with you as she does now
Clare
Customer: replied 1 year ago.

she feels she doesn't have parents and if we adopt her we will be her parents. she thinks of me as her mother but her natural mother keeps on taking me to court for access, my grandchild thinks if we adopt her this will stop, as this causes upset to myself and her, she doesn't want the kind of access her mother demands, ie staying over night, and without me. her mother is a drug addict and her house isn't what she is used to. plus she lives in north Lincolnshire and we live in west sussex.. we lived in north Lincolnshire until 2009, we lived 100 yards from her mother and she made no effort to have a relationship with her. its only when she hears we are having fun or doing things that she wants to do that she interjects in a manner that is not healthy swearing and negative behaviour this makes us all upset and if we adopted her this wouldn't be so bad as she threatens me all the time. she gets free legal services and we don't. so she can do this until the cows come home and we have our lives disrupted and costs us money and time we would rather be spending on the continuous nurturing environment she is used to.

Expert:  Clare replied 1 year ago.
Hi
When was the last court hearing?
Clare
Customer: replied 1 year ago.

December 2014

Expert:  Clare replied 1 year ago.
Hi
What was the outcome?
Clare
Customer: replied 1 year ago.

as she didn't turn up for court the judge dismissed it but she is free to try again at any time

Expert:  Clare replied 1 year ago.
Hi
Your daughter will no longer receive Legal Aid for such applications and given your grand daughters age it is she who will decide what contact she has with her mother and the court will not force her to see her mother more often than she wishes.
If you still wish to go ahead with the Adoption plan your starting point is to approach the Adoption Section of your local Children's Services and they will discuss the process with you.
Whilst the Court does have the power to make the Adoption Order even without the agreement of the Biological Parents it will not be easy to persuade the Court to alter the legal relationships in this way
I hope that this is of assistance - please ask if you need further details
Clare

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