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LegalNinja
LegalNinja, Solicitor
Category: Law
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Experience:  Solicitor
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I have my grandson with me at the moment on a regular visit.

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Hi I have my grandson with me at the moment on a regular visit. Countless times he has come to us stinking of weed and this time his eye was stuck together with a bad infection and his nose was swollen but they hadn’t taken him to the doctor in over a week. My son is the father and is on the birth certificate but both mum and dad are 16 what can I do to protect my grandson from going back.
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No nothing yet
Assistant: Has he talked to a lawyer about this yet?
Customer: no not yet
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: just that I’mvery concerned for the child’s safety

Hello,

 

 

You should report the matter to your local council (children social care department). If you are unsure that the concern is worth reporting, you may can discuss your concerns and get advice. I have pasted some links for you below:

 

NSPCC (for adults)
Telephone: 0808 800 5000

 

 

https://www.actionforchildren.org.uk/how-to-help/worried-about-a-child/

 

I do hope this assists. Is there anything else I can help with?

Just following up if there is anything else I can help with?

Customer: replied 5 days ago.
Social services are already involved I really wanted to know more about the law around it as I feel his being neglected and what repercussions will happen if I don’t send him back or what I can do to do it legally

OK, this will be covered under neglect which is covered under the relevant legislation:

 

http://www.legislation.gov.uk/ukpga/Geo5/23-24/12

It states that any person attaining the age of 16 shall be liable on conviction on indictment, to a fine or imprisonment for any term not exceeding 10 years or a summary conviction to a fine not exceeding £400.00 or imprisonment not exceeding 6 months.

Does that help?

Customer: replied 5 days ago.
Does a residency order still exsist can I do something through the court

Child arrangements orders replaced residence orders. Where an applicant for a Child arrangements order does not have parental responsibility (PR) for the child, on granting a CAO naming the applicant as the person with whom the child is to live, the court will also automatically make a PR order in the applicant's favour.

I would certainly suggest having a solicitor do this on your behalf.

Customer: replied 5 days ago.
Are we entitled in our position to apply for this? And how would we go about it?

You will need the Court's permission to apply for a CAO. The form you will need to use is below:

 

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You may wish to seek legal advice whilst completing this form. Will that be all today?

Customer: replied 5 days ago.
I’ve had a look and you have to be over 18 to fill in the form my son is the dad and his only sixteen
Do you not wish to be the applicant?
Customer: replied 5 days ago.
Yes I would like to be but didn’t know if I could do that
Yes you can.
I would be grateful for a positive rating at the top of your screen for my time. It is important that you leave a rating as this is how I am credited by JA for helping you today.

:)
Customer: replied 5 days ago.
even if the child is registered at the mums house ? but stays with me 3 days a week?
Kindly leave a positive rating. The chat will stay open and we can still continue with this conversation. :)
LegalNinja and other Law Specialists are ready to help you
Customer: replied 5 days ago.
I did leave a rating

Thank you!

 

 

So yes, an application can be made still and the Court shall consider the child's circumstances and shall only make an Order if it is considered best for the child than making no Order at all.

Customer: replied 5 days ago.
Will they look at the evidence I have

You may wish to explore Special Guardianship which provides individuals with special responsibilities without having to consult with the parents.

You may refer to the information below for reading:

 

 

https://www.burnetts.co.uk/blog/grandparents-rights

Customer: replied 5 days ago.
Ok Thankyou so much for your help