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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35062
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I sent enquirer regarding my daughter and her 2 sons and as

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I sent enquirer regarding my daughter and her 2 sons and as I am doing this on my phone it took to another page. Basically I wrote social services could be involved and I want guardianship of my daughter eldest son whilst they could be involved with her youngest son and that her ex partner mother thinks she is the mother and he tells her literally everything.
HiThank you for your questionCould you explain a little more about the problem
Customer: replied 2 years ago.

My daughter ex partner keeps telling his mother literally everything and I mean that in the literal sense and then she takes over. She has now decided to take this to court with him as the client.

He suffers with Aspers and the babe is 13 months and he hasn't seen him since July 20. His mother wants him to have overnight contact once a week or once a fortnight at the weekends. He can't look after himself as he has a carer.

His mother doesn't see the babe as her grandson but her son and feels she has the same rights as her son. Which I know is not true.

If it wasn't for his mother there wouldn't be a problem. My daughter feels that he needs supervisor contact and she doesn't want his mother or his siblings involved at this time.

I am concerned that Social services and cafcass will be involved and have concerns that my other grandson who has a different father will be taken into consideration if they decide that they do a force adoption. Trust me I have seen this happen due to experience.

I want to know whilst the so call professionals are involved that I can get guardianship of my eldest grandson so they don't take him.

I am so sorry I am a little confused - my fault I am sure
How old are the children and why do you think that there is a risk that the children will be taken into care?
Customer: replied 2 years ago.

James is 13 months old and Adam is 6 years old. Adam is not Robert's biological son.

When Social service gets involved they have a agenda and target to get children into foster care and forced adoption and if you think I am being paranoid I am not as I have actually seen this in action.

Kind regards


Have Social Services been involved with your daughter in the past?Why woudl Social Services be involved with this case?
Customer: replied 2 years ago.

Hi Clare

I always feel when there are children involved social services and cafcass always get involved as they have to write reports.

Social Services did have a phone call regarding my daughter eldest son but it was the father as he told my daughter. It turns out her ex partner lied to my grandson father and he gave him concern so he phone.

Social services came round and was quite happy there was nothing wrong with my grandson. However they did suggest that my daughter had some help with a Family support worker which she took up.

I have no doubt that the family of my youngest grandson wouldn't hesitate to phone social services as they are involved with social services due to the fact my daughter ex-partner and siblings need help as they all suffer with mental issues.

I can understand your concerns but there is no basis on which you can apply to be a Guardian of the elder child - in fact trying to do so would actually bring Social Services into your lives.From all you have said it seems that your daughter is in fact a good mother - and the only issue is in fact one of contact - and in fact your daughter is in a better position without the father than with himHowever it would certainly be sensible for you to be ready to take over the care of the elder child if matters deterioratePlease ask if you need further details
Customer: replied 2 years ago.

My daughter went to court and Cafcass recommend no contact until reports have been done.

They did a PNC check and it was negative for the father - it was in 2009 and it was harassment of sexual nature on a person just turn 16.

Can you please tell me what a section 7 of the children act is.

Excellent news.A Section 7 Report is a report which will be prepared about whether or not contact is in the interest of the child and what arrangements need to made to ensure the safety of the child and your daughter
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

It is very comforting to know and thank you.

Customer: replied 2 years ago.

If on this basis is it correct to possibly assume that any contact would be supervised and would overnight contact be not permitted.

From what you have said I think that it is going to take some time before overnight contact is an issue
Customer: replied 2 years ago.


When my daughter was last in court Cafcass recommend that the baby's Dad had no contact and the next hearing was in January

However the baby father has got this back in court and wants contact with the baby until now to the next hearing in January.

How is it possible when it has been recommend that the baby father has no contact yet they can take back into court.

Cafcass hasn't finished Section 7 report. The reason it gone back to court is his mother.

I have serious concerns regarding his mother and him due to the fact he can't look after himself as he has a carer and she thinks she is the mother.

He is allowed to make the application - he could for instance ask for Contact in a Contact Centre where the child wil be safe - it does NOT mean he will get it