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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I've got a court date coming up in regards to my younger

Customer Question

hello! I've got a court date coming up in regards ***** ***** younger sister and whether she goes back to my mum and she has full custody, me and mum split care through a child arrangment order or i get guardianship. The issue i'm facing is my mum has turned against me and making things up to my little sister, almost as if to make me look uncapable. I'm really concerned about my little sister and what this is all doing to her - her dad has recently gone to prison for domestic assault. I'm currently looking for a family solicitor but am not having much luck and was wondering if you could provide any advice? no matter how small it may be
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes. Our social worker has but a request to the court in - we are just awaiting a date
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: i'm unsure on the exact location but would assume it ill be in truro, cornwall as we live in falmouth, cornwall
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thank you so much and no nothing else at the moment
Submitted: 15 days ago.
Category: Family Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

To clarify - you and your mother look after your sister but she has full custody?

and you think your mother is alienating her towards you?

how old is your sister?

Customer: replied 15 days ago.
No. So my sister lives with my grandad, he is her current legal guardian. Me and my sister got taken away from my mum years ago but my grandad has terminal cancer and only a few months left to live so we are working with the social services to arrange where Isla will go to live/be cared for once my grandad passes. I originally thought the best idea was to have a child arrangement order between me and my mum for my sister and then over time when mum proves she can consistently meet my sisters need and care for her she could take full custody back. She originally agreed with me but has now turned against me. So i think i should take over guardianship as mum isn't in the right mind set at all to care for an 8 year old. Yes i believe she is alienating her towards me and my sister is 8. I just don't know what step to take going forward and we have to go court for this is the near future.
Expert:  Stuart J replied 14 days ago.

Thank you.  Can I have details of exactly who has applied for what and where you stand in this application please?  What are social services saying is going to be the best course of action?  How old are you and how old is your sister?

Customer: replied 14 days ago.
Expert:  Stuart J replied 14 days ago.

I need the full background detail please because I don’t know who has made the application or what the application is for.  I also don’t know how old you are and how old your sister is.

Expert:  Stuart J replied 14 days ago.

Can you let me have the further information I need please?

Expert:  Stuart J replied 13 days ago.

It’s very difficult for me to answer this without the full background detail please.  You need to remember that all the courts are interested in is what is in the best interest of the child.  I don’t know what happened between the child and your mother and what residents (no longer call custody) your mother has or why and depending on how long the current arrangements had been in place, the courts may be reluctant to change that if it’s working now.  If it isn’t broke, don’t fix it.

Whilst you say that your mother is making things up, I think you mean she is lying and if that’s the case then what you need to do is convince the court of exactly that so that your version of events is 1% more believable than hers.

In the circumstances like this the court will normally ask for the Cafcass report to ascertain whether the child is at risk in any particular environment.