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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter has been in hospital since Friday and has had to

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My daughter has been in hospital since Friday and has had to have surgery twice. Myself and Drs believe she may have been assaulted by her partner, who is awaiting his papers to stay in the country. My concern is my 10 mtg old granddaughter. How do I get her made a ward of court as her father has bullied my daughter into changing the baby's name. My daughter isn't a normal 36 yr old and I'm waiting to get her assessed for ASD.I am very concerned for both of their safety

Hello

Welcome to Just Answer

i am a Solicitor and will assist you.

I am sorry to hear about what has happened?

Please may I ask:

- has there been any police involvement?

- has there been any social services involvement?

- are there any current court orders in place?

- was your daughter assaulted by her partner? does he have a history of this type of behaviour?

- is the partner in the country now?

- who is currently caring for your gradndaughter?

- can your daughter care for her daughter and meet her needs?

kind regards

Caroline

Customer: replied 4 months ago.
There is no police involved yet although they have in the past, not for abuse. Social services have been involved since my granddaughter was born. SS have been to the hospital and spoke yo my daughter about her injuries and she is adamant that it was caused through sunburn.
My daughter lives with her nan and auntie who care and do everything for my granddaughter even if my daughter is there. My sister was advised by SS to apply for guardianship for the baby but has had no help in doing this.
My daughters 'partner is an illegal immigrant using the baby to gain entry to the country. I do believe that he has hit her before but have no proof and she is so vulnerable that she covers up for him. At my whits end regarding their safety

Hello

Thank you for your response.

I am so sorry to hear this.

If social services have suggested that your sister apply for guardianship then they must have concerns. I do not know the current level of involvement of social services - if their concerns escalated (and this might still happen) they could bring court proceedings themselves for an order in relation to your granddaughter. It is worth your sister speaking to social services to see if they are aware of the current incident and if they are intending to take any action.

I suggest that given the recent incident towards the mother and the mother not currently not being able to care because she is in hospital and the concerns about the fathers aggressive behaviour, that an application is made to your local family court for a Child Arrangements Order on an urgent basis to secure the placement of your granddaughter with your sister whilst your daughter is in hospital and also a Prohibited Stesp Order to prevent your grandaughter being removed by the father in the mean time.

This is the form that needs to be completed:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

As your sister does not have parental responsibility then she also needs to complete this form:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=78

Detail on the form:

- the position of the mother being in hospital and the concerns about her health

- the concerns about the father aggressive behaviour

- the reality of whom is providing care for your granddaughter

- previous police involvement

- previous social services involvement

When the form is complete - call your local family court and explain that this matter is urgent and ask for the matter to be dealt with asap by a Judge. Normally you are to attempt mediation befor eyou can apply to court but not when matters are urgent so just tick the appropriate exemption in this regard. Courts can dela with urgent matters quickly within a few days if you stress the urgency.

The Judge will likely make the order on an interim basis to secure the placement of your granddaughter and in the longer term the court can also investigate the concerns about the father and whether he is safe to spend time with his child and also if the mother is capable of caring and protecting her child from witnessing abuse by the father.

There is a court fee payable when the application is sent to court. This is £215 but you may be eligible for a reduction or waiver dependant upon your sisters means.

Please let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free for you.

My colleagues advice is correct that you should consider applying for a child arrangement order. I would also point out that there is a very helpful book for about a tenner which talks you through this process in an easy to understand way for about a tenner on Amazon - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X

Hello I hope that you are well. I note that this question remains unrated. Your feedback is important to me. Please do kindly rate my answer by clicking on the stars. If I can help any further please do not hesitate to ask. Your question will remain open and I can answer your follow up questons for free for you. kindest regards Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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