Looking for some advice...family law??

purplestar87

hey, i really hope someone can helps me out with some advice on here

here's the situation (sorry its a long one)
my mum cares for her great nephew (maternal neice's child) and has done since he was a few weeks old (he's now 20months). the arrangement came about since his mother is totally unfit - she has 3 other boys too, (5, 9 and 11yr old) but doesnt take them to school, feed them, clean them, etc so they are all on the child protection register (scotland btw, incase its different in england). it was a temporary thing with the help of social workers that has become permanent as the mother doesnt bother to visit or anything. anyways, since they have to go to a children's hearing and stuff, they decided to grant my mum a residency order which has been in place since may09. to explain exactly how bad the situation with the mother is would take far too long but lets just say she takes drugs, let her bf hit the kids (he's goen now tho), and although she is now being told this is her final chance if she doesnt get it together in these few weeks they will remove the kids, she still doesnt seem phased and hasnt changed her ways at all. so my issue is that the health visitor said if they come to remove the children, they will take all 4, including the baby who lives with us under this residency order. is this right? ive tried lookin online but just dont know where to start? is there something we can do? he is a part of our family now and the thought of them taking him is destroying my mum and me

thanks for reading and im greatful for any advice you can give xxx

gratefulforhelp_2

You need a family law solicitor, but I wouldn't be taking legal advice from a Health Visitor just yet, so don't panic.
You have a residency order and there is no problem with the LO's care? It would not be logical to remove him would it?

Ada_Doom

agree totally. You need to talk to social worker about this, not health visitor. I would imagine Social Services are happy that the little one is being cared for by lovely family members, it would make totally no sense to remove him from you. You and your mum should rest easy, and feel very proud of yourselves.

purplestar87

thanks, its just the HV is on the board that decide everything about the kids so thought she would know what she was talking about. no he's been taken off the at risk on child protection register since living here so no there is no issue of his care, in fact he's the most healthy thriving child out of the 4. thats what i tried to tell my mum, they wont want to distrupt him by takin ghim from here, plus the cost ond hassle of rehousing 4kids is crazy so they would be grateful no to deal with him as they know he is safe here. i just keep cuddling and kissin him as im soo scared they will take him. my mum too, she is such a mum person, soo maternal and loves him to bits, its what keeps her goin. she's goin to try to get to a lawyers tmoro, but was wonderin what kind of options she should be considering. thanks for taking the time to reply xxx

purplestar87

the social worker is on hols and getting hold of the co-ordinator is impossible, never in the office, never replies to messages etc. will have to wait til tues to get the SW. just want it all to be fixed but i know these things take time. xxx

gratefulforhelp_2

purplestar87 wrote: »

thanks, its just the HV is on the board that decide everything about the kids so thought she would know what she was talking about. no he's been taken off the at risk on child protection register since living here so no there is no issue of his care, in fact he's the most healthy thriving child out of the 4. thats what i tried to tell my mum, they wont want to distrupt him by takin ghim from here, plus the cost ond hassle of rehousing 4kids is crazy so they would be grateful no to deal with him as they know he is safe here. i just keep cuddling and kissin him as im soo scared they will take him. my mum too, she is such a mum person, soo maternal and loves him to bits, its what keeps her goin. she's goin to try to get to a lawyers tmoro, but was wonderin what kind of options she should be considering. thanks for taking the time to reply xxx

Hugs, darling. You must feel dreadful, but if they put the other kids in care, they will probably have to split them up. This is not in their best interests, and so neither is it in the babe's best interests to be moved from one home to another, not even to be with siblings.

I know its hard but try to look at the logic of it.

xmaslolly76

I can only go from second hand experience but i know someone who has lost their children. The two eldest were taken in by her brother and have stayed there ever since the younger 3 were in foster care and are now up for adoption but there has never been any question of removing the two eldest or changing their circumstances. As others have said if the lad is happy and well cared for social services will not try and remove him to rehome him else where. I would agree that it may be in your best interest to get your own solicitor so that if the time comes you can sort out adopting him formally.

Savvy_Sue

The only other possible 'risk' that I can think of is that you and your mum might been seen as likely to put him at risk by allowing his mum to visit / take him. Which doesn't sound likely to me.

BTW, I would take his name out of your posts, to preserve his confidentiality.

purplestar87

thanks, im tryin to be positive, hoping that logic and common sense will previal. do u think they would let my mum adopt him? dont you have to go throgh agencies and be vetted and checked and lots of stuff first?? xxx

purplestar87

Savvy_Sue wrote: »

The only other possible 'risk' that I can think of is that you and your mum might been seen as likely to put him at risk by allowing his mum to visit / take him. Which doesn't sound likely to me.

BTW, I would take his name out of your posts, to preserve his confidentiality.

thanks, sorry didnt think about the name, i removed it now.
no the social workers arranged for her to visit him on a tues, in our house with my mum there but i think in the past 20months she has came 3times and thats only to show face so the social workers think she cares. the social workers also collect him on a fri with his other brothers and have sibling bonding at the social work centre supervised, so they are allowed contact so that shouldnt be a problem. xxx

xmaslolly76

purplestar87 wrote: »

thanks, im tryin to be positive, hoping that logic and common sense will previal. do u think they would let my mum adopt him? dont you have to go throgh agencies and be vetted and checked and lots of stuff first?? xxx

I really dont know hun but i do believe it is a slightly different process if the child is already being cared for by yourselves already. Which is why i said better to get a solicitor so you know what to expect and have everything in place when the time comes. x