Advice on Guardianship/fostering/change of names.

Js_Other_Half

Savvy_Sue wrote: »

ISomeone posted a really helpful link or source of advice for people in your situation a few days ago, but I can't think what words I'd use to search for it - anyone help me out?

Was it my post ?
http://forums.moneysavingexpert.com/showthread.html?t=1098817

Savvy_Sue

Js_Other_Half wrote: »

Was it my post ?
http://forums.moneysavingexpert.com/showthread.html?t=1098817

Yes, it was, Raising Other People's Children! Now, why couldn't I think of that yesterday ...

Evie, go get that book ... order from local library if money is REALLY tight!

mum2one

I cant offer any suggestions sorry, but I will say one thing your neice is very lucky that she has you and ur partner to be there for her. Good luck with everything, but I back up the social services involvement as they will hel you with all options.

Re houseing, I now you said you didnt want to transfer, but it moght be an option to look in as sometimes people are looking to downsize, I know its a long shot, but worth all avenues.

gizmo111

Hi Evie,

Where are you at with this now?
Have social services started a private fostering assesment?
Have you got the school and benefits sorted?

Hell_Dans_Un_Handcart

Hi Evie,

We're in a very similar situation, with our niece living with us. Please feel free to PM me as I have the link for a family rights forum where there are some experts on this subject.

Do contact social services and make them aware of all this, but don't expect them to help you. They simply aren't interested in us because our niece is well-cared for now she is living with us. Of course, the situation is far more complicated than that, but on the surface it doesn't appear to be.

Because you/your husband are a blood relative of your niece, you will not be classed as a foster carer. You will be classed as a kinship carer, and as social services did not place your niece with you, this is classed as a private fostering arrangement. This means that you are not entitled to the government foster care allowance (unless you live in Scotland, in which case, get on to SS about it).

Your local authority may pay you some money, but they are not legally obliged to (I believe this is being looked at in parliament at the moment, so fingers crossed, eh!). To get this, you're going to need a document called a residency order - but you must must must agree your allowance with the local authority before the residency order is granted, otherwise they can wriggle out of paying you. It sounds complicated and it really is, it's pants.

A residency order grants you legal parental responsibility and makes your home your niece's legal home; her parents would have to go to court to remove her from you. They would still retain parental responsibility too though, otherwise. Legal guardianship means you can sign school letters, take her to the doctors, act in a medical emergency, etc.

Applying for a residency order is straight forward if her mother is amicable, and quite cheap. If she isn't, and your niece hasn't lived with you for long, you will most likely have to apply to the court for permission to apply for a residency order (I know!). If that is granted, you are entering a costly legal process that will almost certainly require your niece to give evidence on her mother to an advocate who will speak for her in court.

We are in the position that we don't qualify for legal aid, parents aren't amicable and niece doesn't want to give evidence. Legally, we're stuffed (although we're seeing a solicitor next week to talk through our options). I suggest you see if you can get a free first session with a solicitor too. We have gone ahead and registered her at school, at the docs/dentist etc, and so far nobody has said anything; but obviously if people realised that we weren't legal guardians, there could be an issue.

In the meantime, keep a diary about everything that occurrs - it will hold way more sway in court than vaguely remembered events. Backdate it for as long as you can.

Also, if your niece suffered any type of abuse at the hands of her mother and is willing to give a statement to the Police, Social Services then have to get involved, which can only be good for you financially. Make sure the school know what the situation is, if you haven't already; children 'in care' get priority in admissions and will be kept a close eye on.

Re. your house; I'd speak to the council. They may not do much until you have a residency order though, as technically your niece can be taken back by her mother at any time.

PM me if you want to talk etc - I know how frustrating all this is!