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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4679
Experience:  LLB (Hons)
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About three years ago my sister signed her Parental rights

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about three years ago my sister signed her Parental rights over to the grandparents for one of her children. My sister cannot see the child and now after they are Sending messages to the family to put pressure on my sister to pay child maintenance question is does she after pay
JA: What steps have been taken? Have any papers been filed in family court?
Customer: My sister has no understanding about what happened in court nor any paper from that time. Other than she has no right to the child. There's no financial documents nor has any papers been filed yet for this child maintained the grandparents suddenly want.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: Manchester family Court uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Will this cost me anything?

Hi, I'm Lea and I have reviewed your query.

What do you mean by 'signed her parental rights over'? Was the child adopted by the grandparents?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
Not adopted.

If the child was not adopted, then those with parental responsibility remain responsible for paying child maintenance. Therefore the mother (and the father if he is on the birth certificate) will be responsible for paying child maintenance to the grandparents.

It is possible that the parents have a special guardianship order - or they could have a child arrangements order (or residence order as it was called several years ago). Neither of these things end parental responsibility - though an SGO does restrict it quite a lot.

Customer: replied 1 year ago.
The grandparents have parental responsibility till the child is 16 years of age.

I understood that from your original post - but that doesn't change the parents' parental responsibility - only adoption does that.

Customer: replied 1 year ago.
not sure what that means then. As we have been told my sister or the father have no rights at all. So what parental responsibility does she have?

Who told you that?

The only way they would have no PR is if the court stripped them of it and the child was adopted.

Customer: replied 1 year ago.
The grandparents and the government website say they both can not have any say in their child's life for example medical treatment, what school she goes

The grandparents will know what order they have from the court - that will state whether the parents PR has been removed.

Customer: replied 1 year ago.
When the grandparents went to court with my sister and their son. They both agreed to sign over pr to the grandparents. I was then told by the grandparents that pr had been signed over to them but not adopted. At first they let my sister see the child and her brother but not anymore & now out of the blue they want money. My sister is on benefits and has a young son to look after. Is there anyway to find out what my sister agreed to in court.

I'm afraid that you are misunderstanding the nature of PR - you can't 'sign it over'. It can be shared with more than one other person, e.g. the grandparents can get a residence order (as it used to be) or a child arrangements order lives with (as it is now) which also gives them PR, but it does not remove the PR from the birth parents.

Your sister can contact the court to find out what order was made - they may be able to locate it in their archives.

Customer: replied 1 year ago.
Oh right. I'm still a bit confused to what right my sister could have. But basically if she want to see the child they will have to go to court (the grandparents won't do mediation)

Yes, if she wants to see the child she can apply for a child arrangements order to spend time with the child.

Customer: replied 1 year ago.
There still so much I don't understand but thank you for your help. I'll get her to look into the child arrangement order and legal aid too. Back to main question as its likely that my sister still has pr - she will have to pay child support even though she has no contact with the child or allowed to make any decisions from the grandparents point of view?

She probably won't get legal aid - it's only available where there has been domestic abuse between the parties.

See here for more info: https://www.gov.uk/check-legal-aid

Contact with the child and maintenance are two separate issues in the eyes of the law - if the grandparents make a claim for child maintenance they may get it. However, as I don't know the specific terms or even what type of order they have, I can't give clearer guidance about that.

Customer: replied 1 year ago.
OK thanks.

You're welcome.

I'd appreciate if you could kindly take a moment to rate positively - thank you!

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