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RJM Law, Lawyer
Category: Family Law
Satisfied Customers: 3756
Experience:  LL.B (Hons)
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My sister has kindship care of her 3 step grandchildren.

Customer Question

My sister has kindship care of her 3 step grandchildren. Only the youngest of then see’s their mum for 2 hours per week under supervision. This is the second year the courts have awarded the care of the children to my sister and her husband. She is struggling and I help as much as I can. Could the care be transferred to me if my sister says she cannot look after them any more and would there be an option for my partner and I to adopt them . They are 13, 9 and 4. The eldest would stay with my sister. She is 59 has arthritis and has had a hear attach. It’s the younger kids she struggles with. They openly say they would love to stay at my house forever.
JA: What steps have they taken? Have they filed any papers in the family court?
Customer: They have been awarded kindship care
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 they live in?
Customer: Falkirk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 10 days ago.
Category: Family Law
Customer: replied 10 days ago.
Does this cost just £5, worried will be charged lots more?
Expert:  RJM Law replied 10 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 10 days ago.
I understand this and I am only looking for information to ascertain if this is possible, the parents are drug abusers and the children have witnessed violence therefore only see mum. As I said the eldest and middle child choose not to have anything to do with the parents the youngest see’s her mum once per week and goes because she gets sweets and toys and is happy to return to my sisters. My sister is struggling as I said but will not put the kids into foster care as they have been there before and have had a bad experience. This situation has been going on for approx 3.5 years, my sister only involved for last year and half.
Expert:  RJM Law replied 10 days ago.

Thank you for the question.  The simple answer is yes, it is a possibility.   The courts are always keen to keep children as close to family as possible.  However this would require to go through court and you wold require to provide good reasoning and demonstrate possibility.  This would be a very very big decision, so you need to understand that, the courts will do whatever possible to stop children from moving around.  It may also be an idea to see if your sister is entitled to any additional help from the government,the best thing to do is drop into your local citizens advice bureau (CAB).  They can go through your personal and financial position in detail and enter these details into what is referred to as the QBC system.  This system will calculate what benefits you are entitled to and how much.  The system will also do the entire calculation without contacting the DWP so no other benefits would be affected in doing this calculation.  Furthermore, if you are rejected initially for any such benefits, the CAB can help you with the mandatory reconsider (appeal) of the refusal.  If this is still rejected but it is believed you have a claim, the CAB can also provide you with representation should you require to go to a tribunal for the matter.   However if you do wish to make this application, I would advise instructing a solicitor.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 10 days ago.
Financial support is not in question, my partner and I are professional people with substantial income, it was more can we take over kindship care with a view to adoption or will the courts continue to support. 2 hour a week supervised visit with mum. Mum still wants her children but did not attend the last court meeting as she said she was unwell. The care was awarded to my sister again.
Expert:  RJM Law replied 9 days ago.

I understand, however financial is only one aspect to be considered, you would require to convince the court for all reasons, this is best for the children.