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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My girl friend past 4 years past away after liver

Customer Question

Hello my girl friend for the past 4 years past away after liver her transplant had complications she left behind her daughter who is now 14, she has no dad on the birth certificate and her mum wanted me to take her and bring her up, instead of her granparents oh aren't the most stable of people, her daughter also choose to stay with me but the granparents are now being awkward and upsetting her saying I'm taking her away but I'm not I want them to have a relationship with her but they are pushing her away with what there doing. Do I have any rights if they try to take her away even though she does not want to live with them ?. Please can you give me some advise.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- can you clarify that this child has lived with you for 4 years?
- how often does she see her grandparents?
- what are her wishes and feelings about who she wants to live with?
- what are the concerns about the grandparents?
Kind Regards
Caroline
Customer: replied 1 year ago.
I stayed at her mums now and then as I own my on house with my parents living there so it was not the best situation.
I have treated her like my own daughter the whole time I have know her, she can see them when ever she likes but mostly on a weekend.
She wants to live with me and just visit or stay with them now and then but her Nan has early stage hunttingtons and is very erratic and sometimes very erashinal she has a go at her and they may argue but then blames it on me when Andrea doesn't want to see her and her grandad don't do any thing to put it right I'm just worried that they may try a stop her coming home to me one day as there not stable rashinal people and where I would stand in making sure she comes home as she is better of with me and that's what her mum wanted ? Also there youngest son who is 34 now has been in prison and is an acholic drug user and he lives there on and off ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
Just to clarify - Andrea is now living in your home - and this is where she wants to be - is this correct?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes it is
Customer: replied 1 year ago.
No I have no more money
Customer: replied 1 year ago.
I thought you would help ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying this for me.
You need to make an application to the court for a child arrangement order.
You currently have no legal status in respect of Andrea and you need this. A child arrangement order would confer parental responsibility on you and such an order can also confirm that ***** *****ves with you.
You need parental responsibility for Andrea as if something was to happen - you would need to make decisions such as health needs etc
The first step for you is to refer the matter to mediation. All children matters need to be referred to mediation before an application can be made to court. This will be a technicality in your case as the mediator will say that the case is not suitable for mediation and will sign the form that you need to make an application to court. In reality in your case there is also no respondent - this is the other party in the case. The other party would be someone else with parental responsibility - but in your case there isn't anyone.
You can make an application to the court without attending mediation if the matter urgent. If therefore the grandparents tried to retain Andrea - you can make an urgent application to court the same day (within working hours - or the next day) for her return and also for parental responsibility.
I am also minded to suggest that your situation warrants making an urgent application - even if they don't try to retain her because no one has parental responsibility for her now - but I am cautious as I would not want the court to reject your application - so its worth referring to mediation first - if the status quo stays as is and they dont try to retain.
In reality - as Andrea is 14 - she is going to be able to speak her own mind if her grandparents do try and retain her - but in any event if they do take this step - bypass mediation - even if you have already started this process.
The court form you need is the C100. This is sent to your local family court. If the matter becomes urgent - ring your local family court and ask to be heard that day. The court fee is £215 - but you may be eligible for a fee remission dependant upon your circumstances - see form Ex160.
The court will give high regard to Andrea's wishes and feelings about her wanting to live with you and they will likely order in line with these wishes and feelings. The court will also not make an order that makes Andrea spend time with her grandparents if she does not want too.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Sorry was just typing a lengthy response for you - hopefully you have this now.
Please do not hesitate to ask if I can assist you further with what you need to do.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your help and guidance
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome. I wish you all the best.
Please do not hesitate to return if I can assist you further.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi how do I get in touch with mediation ?RegardsAaron
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
There are lots of mediation services and there will be one local to you. Best to google family mediation in your area.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Sorry I was hasty with my question I found one and again thanks for your help I can basically get guardianship with out the granparents finding out can't I ?
Expert:  ukfamilysolicitor replied 1 year ago.
In your case - I would say Yes you can. As it does not appear that the grandparents have ever obtained PR for her. I think the mediator will say your case is not suitable and sign the C100 for you so that you can apply to court.
You would then not need to include the grandparents in the C100 but describe how you have provided care, she wants to live with you, no one else has PR, that the grandparents have suggested that they would retain even though she doesn't want to live with them and also detail your concerns about them.
Kind Regards
Caroline
Customer: replied 1 year ago.
I have to collect the c100 form from some mediators at 3:30 will they advise what to do next ? Sorry if I'm being a pain.RegardsAaron
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Aaron
No worries at all - glad to help
Also good to hear that the mediators are happy to sign the form off for you.
You will need to complete the C100 then send it to your local family court. It will then be listed for a hearing when your application will be considered.
Please don't hesitate to ask if you need any more help.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Thank you so much ūüėÄ
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome :)

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