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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34911
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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Where do I stand with regards to letting the mum have the

Customer Question

Where do I stand with regards ***** ***** the mum have the child for a couple of nights I am her legal guardian until she is 18years
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is the child?

-What is your relation to the child?

-Are there any orders in place, if so what are the terms?

Customer: replied 1 year ago.
Child is 4 years I have the child till she is 18years both parents can see her 6 times a year i am her mums aunt so her fathers sister
Expert:  Harris replied 1 year ago.

Is this under a court order, if so what order is it? Does it state the frequency of contact the parents are supposed to see her?

Customer: replied 1 year ago.
Social services do not have any contact with us at all but if I let the child stay with mummy for a couple of nights I am scared they may take her away for good 6 times a year but mummy is more grown now
Customer: replied 1 year ago.
You see they were both very young and had no support
Customer: replied 1 year ago.
They don't live in are area
Expert:  Harris replied 1 year ago.

Thanks - it would sound like you possibly have a special guardianship order, or a child arrangement order (for residence). The local authority should have provided you with a care and support plan that outlines how contact should take place but as it is limited to 6 times a year it is unlikely to be overnights unless explicitly stated. I would suggest you contact social services to obtain clarification on this as you should not allow overnights unless it is confirmed.

If overnights are not allowed then the mother will need to negotiate this with social services.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a Solicitor for more than 30 years.

Technically since you now have the SGO it is up to you what contact the child has with the parents and Social Services are no longer interested.

However you have not said how long it is since the Order was made - nor why you think a change from 6 times a year to overnight is good for the child.

Realistically if the order was made within the last two years there is no way that it would be wise to even consider it.

If it is more than two years then it would be appropriate to increase contact IF you believe that there has been significant change. However you should start with an increase to monthly contact and build up from there - this is about making sure the child is safe not that contact is convenient for the parent

In the event that you dod not show this level of care and concern then yes there is a very good chance that the child will be removed from your care