Re: Grandparent troubles

On Wed, 09 Nov 2005 18:47:07 GMT, "Dean Lambert"
<yournothavingmyemailaddress@xxxxxxxxxxxxxxxx> wrote:

There are two possible scenarios here, one involving social services,
and the other not doing. Lets take the second one first.

1. Firstly, there is no such thing as custody. What your Granparent
would have to do is apply to the courts for Parental Responsibilty(PR)
, and for a Residence Order.

They can do this by going to the local County Court, filling in the
papers, and paying a fee (£60 I think). Obviously there are some
gatekeeping procedures, you can't just decide you want PR of any old
child and apply for it, but if the reasons and justifiaction pass
this, then it will go before a judge and a decision will either be
made that a) its a load of toss, b) it would be useful to look at some
non legal reconciliation or c) it should go further.

In the case of b or c, the case will be referred to CAFCASS, who will
appoint a Family Court Officer to either work with the parties to
reach an arranegment (case b) or to write a report detailing what the
best interests of the child are (case c). If case c continues, then it
will eventually end up before a judge again, with each party
(parent(s), grandparents, CAFCASS) presnting their case, and a
decision will be made.

2. In the second case, a referral would need to be made to Social
Services, who would investigate. They may decide that its a load of
toss, or they may have further concerns, and various processes would
be gone through to ensure that the welfare of the child was
satisfactory. Unless there is anything glaring, this would probably
involve support to the parent(s) if they where not coping. If the
child was deemed 'at risk' then, and only then. would a protection
plan be drawn up, which may involve the Grandparent as a suitable
adult to provide care. It would only be if the child became 'looked
after' ie removed from their current environment because of concerns
for their safety, and, following a lot of work/investigation it was
deemed that they could not go back, that it would be considered to
permanently place the child elsewhere. At this stage, CAFCASS would
become involved, appointing a childrens guardian to represent the
child, and the whole judicial process would kick in, with each party
(parent(s), grandparent, Social Service, CAFCASS) presenting their
case, before a decision was made by the judge.

In all honesty, I'd guess that said grandparent is a bit miffed you
partner might up sticks with kids and move in with you, that they are
kicking up a fuss in order to gain attention.

D.

.

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