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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2225
Experience:  LLB (Hons)
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My sister is 16 and has a son who Is one. Me, my sister, her

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Hi, my sister is 16 and has a son who Is one. Me, my sister, her son, my partner and our mum all live together. My sister has never been a good mum so me and my partner have always taken care of him, we are moving out in the next few months and we want to take him with us and have full custody of him as my sister is unable to care for him. My mum is also in agreement. My sister has also been arrested several times for assault in my mum and other people. How do I go about getting what I need to keep my nephew with me? He think I'm his mum and has no interest in his birth mum
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No nothing has been done of yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: I live in romford essex uk
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that's it thanks

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

Is your sister in agreement with you having care of her child?

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 6 months ago.
She was in agreement with him coming with us but once I mentioned getting it done with legal team putting things in place she said she doesn't want that as she likes to use him as a weapon and by doing that I would take that ability away from her. The father is also not involved I should add

What type of legal agreement were you considering?

Customer: replied 6 months ago.
I'm not really sure of what my options are if I'm honest. She is incapable of caring for him. He has fell down the stairs, came home in the winter with blue hands, nappys that haven't been changed for over 8 hours so she knows now that she is not allowed to look after him without one of us with her because she cannot be trusted. Me and my partner want to be able to take us with him when we move out and her to be able to see him regularly but supervised
Customer: replied 6 months ago.
Social services was also involved when he was first born but they signed of a few months ago because they was under the impression that she was doing okay, but she hasn't dine anything since he was around 4 months old me and my partner have done it. I didn't tell her that though out of fear they would take him away

Without her agreement to take him, you will need a court order.

The most straightforward route would be a child arrangements order for the child to 'live with' you. You would need to apply for permission to make the application first (see section 5 of the application form I'll link to below) as you do not currently have any right to make an application to the court (the only people who have automatic rights to apply are those with parental responsibility, or other orders in place).

You have to try mediation first, to see if you can come to an agreement, but to be fair mediation will not be enough in your circumstances as you will need parental responsibility in order to make any significant decisions about the child's care in the future - a child arrangements lives with order comes with parental responsibility.

The form you need is a C100, which you can find here:

The cost of the application is £215, unless you are on a low income or benefits, in which case you may be entitled to fee remission, see here:

CAFCASS (social workers) will likely be ordered by the court to conduct a welfare report - and CAFCASS may pass this on to the local authority that have previously been involved with your sister to do this report as they have had recent contact (baby being only a year old). The report will make recommendations to the court as to whether or not the child should live with you or whether an alternative plan should be considered.

It would be best to get your sister's agreement before applying to court if at all possible.

Does that help?

Customer: replied 6 months ago.
Yeah it does thankyou

You're welcome.

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Customer: replied 6 months ago.
Hi can you please help
Customer: replied 6 months ago.
My sister is threatening to come get her son tomorrow from us. She is mentally unstable. How can I stop her being able to take him? She is homeless and not capable of looking after him

You need to post this as a new question.

All the best.