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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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Under which rule family court has power to decide residence

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Under which rule family court has power to decide residence order in case of 39 years child
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Application has been sent to court for residence order using C100 form under FPD 2010, but court wants to know under which rule court can decide the order for 39 year old child
Assistant: 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: It's in East London Family Court
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Just want to know the procedure regarding the residence order in case of 39 years mental incapable child and mother wish to make the application and she has been granted lasted power of attorney for the child
Customer: replied 6 months ago.
I am waiting for the answer

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

Do you mean you have tried to make an application for child arrangements for someone of 39 years of age?

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.
the child is with local authority, mother wish’s to bring her son back.
I want to know which application need to be made
Customer: replied 6 months ago.
Please answer me

You cannot apply for a child arrangements order. That would fall under the Children Act 1989 and applies to children up to the age of 18. As far as I am aware there is no equivalent for adults.

What you can achieve for an adult who does not have capacity to make decisions on their own, is deputyship. You can find out more about that here: https://www.gov.uk/become-deputy

Kindly rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions if you need to. Thank you.

Customer: replied 6 months ago.
The mother had hot lasted power of attorney from court, is it the same one

Not necessarily. There are two types of deputyship.

The link provides all the information you require, including links to the relevant application forms.

Customer: replied 6 months ago.
Though the attorneyship of mother, LA took the child under their care. So how she could get her son back

Did you read the link?

Customer: replied 6 months ago.
Just read that, so is it possible to apply for deputyship even though the mother have attorneyship
Customer: replied 6 months ago.
Please reply

Yes you can apply - the court will decide.

Kindly take a moment to rate positively using the five stars at the top of your page as that is how I am paid for assisting you. You will still be able to ask clarification questions.

Please note that this is an email service, not chat, so responses may not always be immediate. Thank you.

Customer: replied 6 months ago.
Could you please tell me if deputyship is as same as guardianship.
Customer: replied 6 months ago.
Please reply

Kindly rate positively five stars for the response I provided to your original question yesterday. I will then respond to your new question, which should be posted as a new question, for free here.

SASH_Law and 3 other Law Specialists are ready to help you

A deputy is the English term, guardian is used in Scotland.

If you are actually asking if there is a difference between a power of attorney and a deputyship, then the answer is no in practice, the difference arises as to when the LPA and deputyship are made. An LPA is made before a person loses capacity, and a deputyship is made after (or if they already suffer from) mental incapacity. The other difference is that a deputyship is made by application directly to the court, and the court will decide if the person applying is suitable - and if not, the court has the power to appoint someone else, like a local authority.

All the best.

Customer: replied 6 months ago.
If mother wants to her 39 years sons living arrangement with her then what court procedure she needs to follow

I have responded to that in your new thread.