Adopting a relative

vodkashot

Please please go and see a solicitor as this requires specialist advice.


If your assessment comes back favourable, even if social services do not support you, you can challenge it. You might get legal aid but sadly family legal aid has been cut back a lot.


Has your niece been placed voluntarily under what's called a section 20 agreement or under an interim care order? If so then it is for the Court to decide where the baby will be eventually be placed.


There is a jurisdiction issue here. Although the baby is in Scotland, which social services are dealing with this? A Scottish local authority or an English one.


Under English law, if the baby was placed with a family member, then it might be under something called a Special Guardianship Order. I don't know however if there is a Scottish equivalent.


Contact someone on the link below as they may be able to assist you in the first instance.


http://www.childrenslegalcentre.com/index.php?page=home

vodkashot

http://www.sclc.org.uk/


There also seems to be Scottish equivalent.


You will need a specialist children's solicitor. I cannot stress how important it is to have legal advice about this. I do this kind of work so please feel free to pm me but the law for Scotland is different and I don't know anything about it.

Worried_Sister

listerinspector wrote: »

Also, are you and your husband both wanting this and is he able to take on the baby as his own?

Yes we both would like to have the baby. He has said he would treat her the same as our son

vodkashot wrote: »

Has your niece been placed voluntarily under what's called a section 20 agreement or under an interim care order? If so then it is for the Court to decide where the baby will be eventually be placed.

I believe she's under the equivalent of an interim care order

vodkashot wrote: »

You will need a specialist children's solicitor. I cannot stress how important it is to have legal advice about this. I do this kind of work so please feel free to pm me but the law for Scotland is different and I don't know anything about it.

Thank you I will pm you. Looks like I will need to try and find a solicitor. I hadn't even considered I'd have to do that so thank you for bringing it to my attention

minimoneysaver

I definitely think that you need to get a solicitor who can be a voice for you. Hope you manage to get it sorted soonest for everyones sake.

jackyann

Try the Children's Legal Centre: http://www.childrenslegalcentre.com/
to begin with.
You should have the opportunity to be considered, and you do need specialist advice. These people are a good place to begin, so you get some idea before racking up bills.

Person_one

Kayalana99 wrote: »

For saying a baby is 2 months old you can hardly say they are 'settled'...babies don't care where they are as long as they are loved and fed

That's not strictly true, babies start to bond with their primary carers within the first few hours and days of their life. What they go through in their earliest weeks and months has a huge impact on their brain development and their emotional wellbeing for the rest of their life.

DianneB

I think you are very much at the beginning of a long haul, has the baby got a guardian ad litem (curator ad litem in Scotland)? That is a guardian appointed by court to represent the babies interest. You will be interviewed by them and having them on your side is very important. Also I know I am going to be slated for this but social workers often have their own agenda that's hard to fathom. I speak from experience as an adoptive parent. Good luck WS keep us posted.

squirrelchops

Look up Special Guardianship Order. These provide, almost, but not quiet same level of responsibility as adoption. They were designed for this type of case where permanence for a child is needed but within a family.

https://www.gov.uk/government/publications/special-guardianship-guidance

gizmo111

Easiest way to deal with it is to speak to your brother and find out contact details for the guardian and contact him direct making it clear that you are offering permanency within the family for the child. Social worker has a legal duty to assess you and explain very clearly to the court why she hasn't done so, or explain why she has and it is negative. Distance is not an reason notto complete the assessment. Also put your interest in writing to the social worker and her team manager. Don't worry about paying for legal advice at this time as following the assessment of yourself options will be clear and if they go down the SGO route then social services will pay the legal advice costs for this.

What type of assessment is she undertaking? What information is she giving you regarding the assessment and when is she doing it?

sleepless_saver

It sounds like you should have a solicitor who specialises in adoption (under Scots law). http://www.lawscot.org.uk/wcm/lssservices/find_a_solicitor/Core/directory.aspx?

This link sets out the adoption process in Scotland where a relative is involved. (references are to one particular Scottish local authority, but the basic process will be similar in other areas).