Custody of children...ARGH!!!

mookiandco

She will need to apply for a residence order and parental responsibilty order in respect of the childre. Right now she has no legal right to keep the children. The children's mother has parental responsibility for the children, if she took them you would need to make an emergency application for a residence and PR order. I would instruct solicitors to make application asap. The children's mum will need to be given notice of the application.

After the age of about 11 the children's wishes and feelings will be taken into account. Also in respect of other children if it can be shown they are mature enough.

Savvy_Sue

Unless the OP's mother already has a residence order and PR, which might have been applied for before their dad died?

hobo28

Did the father leave a will? If so, did he specify his partner as guardian in it? Did he get full residence or shared?

If he got full residence (ie. mother gets contact only) and he has specified his partner as guardian then she has a much stronger case.

Mum is always entitled to go to court and try to get residence. But your mum's case is strengthened in law and the fact that staying with her, the status quo is maintained.

I'd advise getting a solicitor engaged asap.

belfastgirl23

Is the birth mother still drinking or has she had some kind of treatment? I'm sure this would affect the outcome.

I would have thought that stability is what the children would need in the short to medium term and if the birth mother wants contact with them then it should be gradual, possibly with a view to reconsidering residency in a year's time or whatever. Could your mum offer this through her solicitor? If nothing else she would be showing willing to compromise and also showing she has the childrens best interests at heart.

MrsTinks

I don't suppose your mum adopted the children from what you've said - I'm sure you'd have mentioned that. My father adopted my stepsister when he married her mum (both foolish things to do but that's my dad for you) - that means no matter what her biological dad claims my dad would have been her legal guardian (and incidently in Denmark after the divorce he had to pay child support for her too till she turned 18... her mum wasn't daft... )