Mental health issues and child custody

Jox

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Comms69

Get legal advice from a specialist - far too complicated for here.

KatrinaWaves

Agree with the above. Removing a child is an extreme step, as is sectioning someone. There will have been reasons for this other than 'somehow this happened...'

it is not simply a case of asking for her child back.

Primrose

This is complcoated by the fact that the family member may still not be deemed to have full mental capacity and she will need somebody to legally represent her interest at the court case. Was she allocated a social worker at the time? She obviously needs proper legal representation and if you wish to help her she will need to engage a solicitor who specialises in family matters.
It may be worth contacting the court administration office and asking if the case can be delayed to allow her time for proper legal consultations to take place. This is too complex a case for non qualified people to try and represent her interest. All adoption cases are reviewed very carefully first by an adoption panel and it sounds as if the mother may not fully understand what her rights are in this process. How much mental capacity does she currently have?

Ms_Chocaholic

I presume Social Services are involved if the baby is in foster care?

When you say family member - is the child your grandchild?

Social Services won't speak to you as you don't have PR (parental responsibility) for the baby?

I'm not quite sure what you are asking? Are you wanting to care for the baby rather than it being in foster care? If so you could contact Social Services and put yourself forward as a carer, they will assess you to establish whether you are suitable. However if the mother does not want you to care for the baby then there's nothing you can do.

I presume the family member has legal representation for Court? She will get legal aid for this so set this up if not.

KatrinaWaves

Ms_Chocaholic wrote: »

I

Social Services won't speak to you as you don't have PR (parental responsibility) for the baby?

I'm not quite sure what you are asking? Are you wanting to care for the baby rather than it being in foster care? If so you could contact Social Services and put yourself forward as a carer, they will assess you to establish whether you are suitable. However if the mother does not want you to care for the baby then there's nothing you can do.

the grandparents wouldnt automatically qualify to get the baby just because they are related, especially in the circumstances described. I think family would have been considered already, as it usually is, but this situation sounds unusual, Im assuming there has been little family involvement/support since baby was born.

Jox

Thanks for all your replies, I know this is complicated and I haven't given more details deliberately.

She is a very intelligent person with multiple degrees but is in denial of the mental health issue. She has a solicitor who isn't communicating with her apparently.

She doesn't really have any close family support, though I am doing what I can.

Ms_Chocaholic

KatrinaWaves wrote: »

the grandparents wouldnt automatically qualify to get the baby just because they are related, especially in the circumstances described.

That's what my post states. Even grandparents would need to be assessed to establish their suitability. Also I stated if baby's mum did not want family members to care for the baby then that's her choice as she has PR.

Ms_Chocaholic

What about baby's dad - is he on the scene? Could he offer to care for the baby?

KatrinaWaves

Ms_Chocaholic wrote: »

That's what my post states. Even grandparents would need to be assessed to establish their suitability. Also I stated if baby's mum did not want family members to care for the baby then that's her choice as she has PR.

I just didnt want any false hope at all, so doubled down. Many family members feeel they have automatic right due to blood, which they dont. Wasnt quoting to 'contradict'

KatrinaWaves

Jox wrote: »

Thanks for all your replies, I know this is complicated and I haven't given more details deliberately.

She is a very intelligent person with multiple degrees but is in denial of the mental health issue. She has a solicitor who isn't communicating with her apparently.

She doesn't really have any close family support, though I am doing what I can.

Intelligence really has no bearing on this I am afraid. Clearly there have been some failings and I can only assume an element of neglect for this to be where it is now.