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Your Rights as a Guardian

Author: Angela Armes
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Your Rights as a Guardian

Many adults find themselves as guardian to the children of their partner who has perhaps passed away or who is no longer medically fit to look after their children. As a guardian, you have to make decisions in the best interest of the children. With this in mind it is worth knowing what the legalities of being a guardian are?

Being a Legal Guardian

If you are made a legal guardian, you are responsible for the wellbeing and safety of those children under your guardianship. This includes making sure they are fed, clothed, sent to school and are looked after in the same way they would be if their parent or parents were around to do so.

As a guardian, you will be called upon to making decisions that will directly affect how the children are schooled, how they are taught the difference between right and wrong, and how they are supervised during their lives up to the age of adulthood.

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Becoming a Legal Guardian

In order to become a legal guardian, you must first undergo assessment by Social Services who will submit reports and their findings to the Family Proceedings Court. You will be assessed to see how you interact and deal with the child or children, how you plan to support them and also how you plan to ensure that their upbringing continues in a manner befitting that as desired by the child’s parents.

Social Services and the Family Proceedings Court must be sure that you can cope with becoming a legal guardian and that the children are happy with you as their guardian.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Family Proceedings Court

This is a court that deals specifically with aspects of family life and the welfare of children. With settings a little less formal than those of a traditional criminal court, the Family Proceedings Court is designed to rule in favour of what is best for the children.

If you seek to become a legal guardian – either as the result of a parent’s request or because you think it is the right thing to do – you will be asked to appear before the Family Proceedings Court and explain why you feel you can uphold the family values and parental responsibilities initially charged to the parent.

Your Rights as Guardian

If the Family Proceedings Court issues you with custody of the children in accordance with the wishes of the parent and the findings of Social Services, you have as much right as you would if you were the children’s natural parents. You are responsible first and foremost with their upbringing and also their grounding in moral responsibility, and you are legally obliged to be consulted on any issues relating to the children’s education and general upbringing.

For more information on becoming a legal guardian, consult with a solicitor who specialises in family law and with Social Services who can provide you with advice on how to proceed.

The Next Step

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Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →

224 questions
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Madz 09/07/2021 at 1:26 pm
As a person who’s had sgo on my nieces from a young age I think that it is better for them if they live with you long term however when they turn of age they cannot get housed . If they are older they are better off being fostered as they (if you want them to ) will receive help in being rehoused with a grant to help with furnishings .
mumsy to all.x 11/03/2021 at 8:49 pm
i am taking care of a 14yr old girl, as her parents have kicked her out of her family home .
they have told her that i can foster her if i want which they have consented for me to do so .
I would like to make it a more permanent thing and apply for legal guardianship for her through the law side of things she also wants me to now, the thing is i am a single mother of 5 children 2 of whom have left home as they are grown up i have 3 still home with me ,
i have given her a bedroom of her own and i am getting her back into school too .
My Question is do you think i would be able to apply for a residents order for her to live here on a more permanent basis
Al 08/03/2021 at 8:51 am
My son went to live with a woman who had a 3 month old baby boy. The biological father of the boy absconded when he was told she was pregnant. My son lived with her for 3 years and they split up . During this time and from then on the boy who is now 7 called my son daddy and my son looked on him as his own, with the full approval of the boys mother The boy looks on my wife and I as his grandparents. My son has now found a new girlfriend and they have a house. My son and the boys biological mother share all things to do with the boy, he spends 3 days living at my sons house and 4 days with his mother. My sons fiancée is in full agreement with the arrangement, and looks upon him as her step son. My son and his fiancée have no children of there own they are 32 and 27 years old . occasionally the boy stays with my wife and I at our house. Would my son who has the approval of the boys mother be able to get legal guardianship of the boy.
Dinkydee 23/09/2020 at 11:01 am
Hi, my husband and i separated last year, divorced this year, we were granted an SGO for my great Nephew in 2015 when he was just 4 months old, he's now 5, my question is how do i get my ex husband removed from the guardianship? he has shown no real interest for my nephew and has absolutely no interest in him now, i get no financial support from him either.

Donna
Nik 20/09/2020 at 11:26 am
Hi my wife has an sgo on 4siblings non blood related they are previously lac,since getting married they have reassessed my wife’s finances and have taken half the allowance from her and taken my wage pound for pence,I believe they cannot make me financially responsible for these children as I did not sign any sgo ,could you advise me whether this is correct as now we are financially struggling thanks in advance
Boxie 03/08/2019 at 7:03 pm
Guardianship order for my grandson who is 17 and wants to go back to his mother. It is his wish and I any happy for this to happen. Is this legal
Nanny 05/06/2019 at 5:30 pm
Have 16 yr old grandaughter on special guardian order,see,s mum regularly,now wants to go back and live with mum,I am justifyally not wanting this to happen, where do I stand with this.grandaughter thinks now she is 16 that she can do as she likes,as that is the law I told her this is not the case.
sohel 25/05/2019 at 2:21 am
my wife is an international student in UK. I want to show dependents living cost from my bank account from Bangladesh, my home country, UKVI wants a legal guardian to do that. so can I be her guardian and show my bank account for living cost?
gaffa 24/01/2019 at 6:42 am
me and my husband have had 2 of our grandchildren for 3 years age 5 and 9 lastfeb 2018 we where given a sgs un till the children are 18 we have had 5 social workers to gardians sees not my daugther the kds mother i complayed to level two about locai athoroty she see the kds 2 hours a month supavised by a social workers her and her family are making teroble allagasions all the time every week and all have been found to be untrue im so stressed dont no what to do its been like this for 3 years she is a druggie drinks all the time and im now getting horrible messages of her family non of her family can supaviser her with the kids iv been attacked by her at sure start on ctvwhat can i do can take any more the kids are great good kids bright now they go to school very settled loved very much poor kids with a mother like her what do i do
Dagooroo 15/11/2018 at 1:18 pm
Hello my names Chris I feel I maybe under a guardianship Ialthough I feel a lot if it is nonsense I want to find out what is going in regards to falsifications against I've already noted my clinical files not one word of truth well mostly and my doctors what's going on there thing I had wrong with me for years gone ?, no record of them my criminal records I already noted something ain't right I move got convictions against my name I've never done,?, and as for all the mickey mouse Court cases contradictoions galore I want to submit requests but don't know know how to please advise I feel I'm under a false care order here
Louise 23/10/2018 at 11:45 pm
My husband and I are about to be give an SGO on a baby girl, we have had her since she was 12 weeks old. We are fostering her at the moment as we are both foster carers and originally we was told we could adopt her and change her name but as court proceedings progressed the sw advised it would be best to go with the SGO as that's what the caffcass officer was hoping for as I was related to the baby's father (My cousin, he was adopted) but was told that once the SGO was granted in 2 years I could apply to adopt her and it would go through straight away on an open adoption. Is this correct? And if it is after the 2 years how do we begin the proceedings as we have already been told we won't have any dealing with ss once the SGO goes through. We have also been calling this little girl by a different name as we was under the impression we could change it, how do we stand on this? Thank you in advance for your advise x
Big H 21/10/2018 at 3:26 pm
My 17 yr old son is under special guardianship order and carer has kicked him him out due to him getting into trouble in every aspect of his life and they can't trust him in the house as he steals everything and even stole their car keys. He also has a youth record. The carer said he needs to change and be responsible before being allowed home . Are they legally allowed to kick him out? I haven't seen my son in 6 yrs but not out of choice. He has now contacted me asking for financial help. I don't live near him and need some advice of where he should go for help. He has ADHD and emotional problems some which are my fault. He thinks he can work but if he isn't in education I didn't think he could. Any advice would be great. I feel helpless
Clare 03/10/2018 at 3:23 pm
My husband and I have been special guardians for 3 of my daughters children for nearly 5 years. My daughter wants to get her children back and she has made many positive changes to her life style. I agree they should go back with her but what do we do now. How much do these costs usually amount to . Many thanks
LawAndParents Editor 07/08/2018 at 1:58 pm
If you think the your guardian might be at risk by being allowed unsupervised action, you should talk to a professional, such as a social worker. They will be able to advise you whether this would be right for the child or whether precautions (supervision etc) should be taken. State your reasons for disagreeing clearly and calmly...always in the best interests of the child.
STAN 06/08/2018 at 7:35 am
I have been a legal guardian to my wife's daughters son for the last 4 years
The natural mother has drug/alcohol and violent tendencies.
My wife now want's the natural mother to have unsupervised access to the child which I disagree with
Where do I stand legally in this matter?
jessy 13/07/2018 at 2:19 pm
I am the childs legal guardian and maternal grandparent and i suffered a withdrawal from prescribed medication the child was placed back with mum as a temp arrangement and now im not allowed contact or allowed to exercise any of my rights and obligations laid out in the court order the child was in my care for 11 of the 13 years
Emzy 13/07/2018 at 12:16 am
Hi I have parental rights and responsibilities and a residency order for my niece since the day she was born. There was never a father put on her birth certificate now my sister has married and put her husband on the birth certificate and done a name change without my permission as the form asks if everyone with rights has signed the form. No dna test has been done.
LawAndParents Editor 22/06/2018 at 11:35 am
You need to find someone who can give you individual support. Go back to your GP for help with your mental health problems and give Family Rights Group a call on 0808 801 0366 for help on the steps you can take to get more contact with your son.
Virgolady 21/06/2018 at 2:37 am
Social services took me to court because I am under the mental health depression and I’m a hoarder I am on the waiting list for mental health help from mind , they have removed my 7 year old son from my car and put him in my daughters care until he is 18 yrs I have taken my own steps in getting better , I have cleared my home of all my hoarding I bettered my son schooling from 62% and got it to 91% thing where looking on the up for me and my son , now he has gone I can only see him once a month being supervised, pls can anyone give me advice for what I can do to get him back...
Titch 23/05/2018 at 5:36 pm
My husband and myself have put ourselves forward to be a connected persons foster carers as my baby cousin was into care, we have undergone out assessments such we have our last one in june . The reason I'm posting is for some advice mainly as we had our assessment yesterday in which the social worker was able to give us some light on were out application was heading well it's not good news as she is saying she cannot give a positive recommendation to the panel as she has concerns one in which is my fertility as after having two eptopics which was three years ago she feels it is something that has affected my life and will continue to do so. I for one myself have learned to live with the losses and accept that i may not be able to have children naturally but it seems she has more of an issue with it then myself, so my question is can she use that against me would it be best if I wrote a letter to present at panel in my own words how I have managed to cope with the losses what do I do, i really don't want to loose my cousin knowing my husband and I are very capable of looking after her if her father losses in court
nissy 13/05/2018 at 7:36 am
Hi , i have 5 sons 4 of which are grown up and left the family home , i divorced my 1st partner along time ago to whom i had four of our sons together , then i met my 2nd partner and my youngest son of 14 years old now, i did however have a very bad relationship with his father and their was alot of domestic abuse involved , so when my son of 14 was growing up it was challenging and to the point where i've had his dad challenging me from day 1 always calling the social services on my saying i was unfit or i had not had my son to school this day or that day , i have not kept my son off school for no reason the social workers over the years have came out followed up the concerns an had non to report of the way i brought my son up, yet his father continued to take me to court year after year trying to gain residency of our son ,he was and is a violent man, my son at age 12 had became different his behaviour got more challenging and out of control he was being violent towards me refusing to go to school , his behaviour over the years was always challenging very but he had never hit me until that point and age , i had a number of social care workers from different departments as i went to them for help with my son so it happened my worse fear was they took him into care, so its been two years his father only ever took his son on a Saturday every week for one day and he continues to bring me down bad mouth me in front of my son , at meetings LAC reviews even at Hearings in front of all these people in authority yet he gets away with it , hes is also now being considered for residency i have done nothing wrong i have never stopped my sons father from seeing him , nothing have i done wrong why is this happening ? , i am in despair and hurt the authorities can turn something round to suit them.
H 10/05/2018 at 11:24 pm
My husbands ex girlfriend who he has children to stopped my husband from seeing there children 8 yrs ago when we had our own son, she has in the past kicked 2 of there children out due to her not being able to cope so they came to live with us even tho contact was stopped and only allowed when she could no longer cope but the other children was still not allowed to see him,now a third child is again getting out of control and she can’t cope he won’t go to school or do as she asks, she’s put him on our door step after 8 years of no contact because she’s now going to be fined or took to court does and will this mean my husband will be fined or took to court aswell because she has no control over this child and has stopped my husband having contact ? We’re unsure what to do regarding him as this is no way our fault solely on her doing he was born in Dec 2013 and he is on the birth certificate, any Information would be great
LawAndParents Editor 20/04/2018 at 2:39 pm
What is your relationship to the guardian/child?
loulou 18/04/2018 at 12:12 pm
Can you please advise me if a guardianship court proceeding can happen without my knowledge.

Thank you
LawAndParents Editor 10/04/2018 at 10:24 am
Has the step grandfather ever applied to the courts for parental responsibility or have you consented to any application from him to have parental responsbility? If not, there will be no parental responsibility. Your shared residency order was 16 years ago, so how old is the child?
John 09/04/2018 at 7:27 am
i presently have a shared residency order provided in 2002 to take parental responsibility of our grandson. Unfortunately my ex wife died recently,
(although she did remarry 15 days before she passed) . My question is - does the parental responsibility now fall solely in my hands which i am totally happy with, but does his now new 'step grandfather' have any rights in important decision making?
Paul 26/03/2018 at 4:24 pm
My ex and I have separated 2 years ago. After a year, my ex has decided they no longer wish to have anything to do with me, or the children we have guardianship for. Is it possible to have their guardianship rescinded so that only I have guardianship? It's what they want, so it wouldn't be contested.
LawAndParents Editor 16/03/2018 at 2:39 pm
Even with a residency order, your ex partner will retain parental responsibility and will therefore have a say in any important decisions. It's perfectly possible for him to apply for prohibited steps order.
Telza 15/03/2018 at 8:52 pm
My child has been with a foster carer for 1 year and she going to take me to court for legal guardianship what will this mean
vic 13/03/2018 at 12:48 pm
Hello My partner and I have separated and have an adopted 4year old. He see her every other weekend. she resides with me and I am financially responsible for her. He constantly states he has rights when he wishes to randomly see her in the week nights when she is tired after nursery and I don't feel that he is acting in her best interests. I have the opportunity of a better paid job to provide greater financial security for her but it is 300miles away.he can not look after her or provide financially for her so I feel moving for this job would be better for us as it would also mean that I am ear my family. Would he be able to prevent me moving? is it best that I get a residency order over my daughter to enable us to move?
Rona 01/03/2018 at 10:23 pm
We, as grandparents, are looking after our 10 year old grandson after the death of our daughter a year ago, who in her Will appointed us legal guardians. We thought we were automatically legal guardians with parental control but now are having doubts. Should we register with the authorities to make our guardianship official?

The child's father is not named on the Birth Certificate but he has regular contact with his son and is intending to go to Court with a C1 in view of our ages (73 and 78). If the father is successful with his C1 will we lose our rights ?

Thank you
Shirley 01/03/2018 at 1:54 pm
Me and my daughter are leagle guardians for 2 young boys my nephews who unfortunately lost both parents 2years ago. We claim leagle guardianship and family allowance. We struggle with work and especially the school Holliday. We gave no other help it’s like we just had them and no one has ever been to see if they are ok or anything which they are fine. I was just wandering if we were intitled to any other benifit it’s really hard trying to cloth them feed them just for extra £16 leagle guardianship allowance.
LawAndParents Editor 19/02/2018 at 10:49 am
You could consider applying for a special guardianship order? Here is some more information from the family rights group
jc 18/02/2018 at 2:38 am
I have my nephew that I love him but my concern is the legal guardian is her grandmother she is going back to Puerto rico and he going to stay with me but he is in high school I want to give him a good educated life. the grandmother ask me if that ok if he stay with me. of course I want him to stay my question is what is the next step that I have to do. please I need an answer I want to do the best for him he is 16 years old.
LawAndParents Editor 16/02/2018 at 3:41 pm
Why would he be able to do this? Sorry there really isn't enough information here for us to give you any advice.
Neussy 15/02/2018 at 10:16 am
My uncle being the arrogant pig he is has just threatened me via email, telling me that if I attempt to move in with or even see my boyfriend he will take out some court order that states I can’t see him at all. He said if he does this is means that I will have a mark against my name for the rest of my life. Is this even possible? And if so what right does he have? He is not my legal guardian, I am 17 and my boyfriend is 19
Kelbell 14/02/2018 at 4:47 pm
Hi. My 3 children 9, 6 and 2, live with my grandmother as she is their legal guardian. My grandmother now refuses to let me see or talk to them even though it was arranged in court that I'm to have contact. Apart from December 23rd 2017 I haven't seen them since June 2017. Every time I have called the landline and spoke to my 6year old he asks when I'm going to see him again and I have to tell him to ask nanny.
When I have spoke to my 9year old over the phone in the past before my nan cut all contact, she has told me numerous times that she wants to live with myself and my partner. Recently, I have found out that my nan hits (not smack) my 9year old the last time that happened she hit my daughter across the face. My daughter has behaviour problems but adHD has been ruled out. My 6 year old however, does have adhd. If my nan can hit my daughter when she is misbehaving then what is not to say that she's been hitting my 6 year old and 2 year old too?
Can I apply to the courts to have my children returned to my care and what steps should I take if my nan refuses to let me have any contact with them?
LawAndParents Editor 13/02/2018 at 2:32 pm
Is he registered with special needs etc? If so the scope of this could extend past his 18th birthday and you may need to take official steps to become his legal guardian.
Gabby 11/02/2018 at 9:17 pm
My grandson will be 18 in April 2018. Due to a family breakup I.e. he refused to live with his mum and her fiance as he feels he would not be safe so is now living with us his grandparents. He has autism and attends a special school. He has Aspergers.ADD and PDA. He wants me his Nannan to be his guardian as at a review meeting they had to get his mum's permission to pass on relevant information to a 3rd party to do with his transfer from one L.A. to another in regards to his future education. He therefore wants me to start court proceedings to remove his mum as his guardian even though I have tried to tell him he's 18 in 8 weeks time. His reply was look what happened at that meeting. Ge is very rigid in his thinking etc What to do?? ???
Suzig1997 15/01/2018 at 11:02 pm
I’m wondering if your on guardianship and your 20 years ago can you move out of home to apply for somewhere else to live, if I didn’t want to live with them anymore.
LawAndParents Editor 12/01/2018 at 11:51 am
At age 16 a child can usually choose where to live but note you can still be taken into care at the age of 17 if the authorities think you are at risk/not properly cared for etc.
Steph 10/01/2018 at 1:52 pm
Hi my older sister is 20 and she wants to take full custody of me I'm 16 years old she wants to take custody because our home environment is really bad as in physical abuse to me and my dad abusing my mum so what would she need to do? Also my parents don't want to allow it so how long would be the process
LawAndParents Editor 20/12/2017 at 2:53 pm
If your sister has a special guardianship order for your daughter, you may have to apply to courts to have the order discharged. The judge will consider all the circumstances and make a decision based on the best interests of the child.
Liz 19/12/2017 at 11:11 pm
my sister has legal guardianship over my 9yr old daughter for about 8yrs now but I, the natural birth mum has had constant contact with my daughter on holidays and weekends, she also gets to see her three younger siblings on these occasions, who I have full custody of, what rights do I have over my daughter and could I ever get her back?
Njc 18/11/2017 at 9:37 pm
We have special guardianship of my granddaughter. I separated from my husband 6 months ago and he hasn't really bothered with her since he left until recently i have told him its mot in her best interest as he hasnt been in her life and i dont want him coming in and out of life upsetting her but he said he will just turn up what can I do please help
LawAndParents Editor 15/11/2017 at 9:59 am
Please see this guide from the Child Law Advice website which explains the options.
Tia 14/11/2017 at 6:34 am
My grandson who is 11 wants to live with his aunty & uncle which his mother has agreed to for this to be done legally do the courts & social services have to be involved ?
LawAndParents Editor 25/10/2017 at 11:27 am
You may be able to just contact the courts without having a further hearing. If there is still support worker/social services involved, you may have to involve them.
gee 22/10/2017 at 7:50 pm
i have a residence order on my grandson as his mum who is also my daughter suffered with mental health issues but is now a lot better and now he is 15 he went back to his birth mother and she is happy to have him and I am happy for them both so what I would like to know is do I have to go back court to surrender the residency order ?
Griff 09/10/2017 at 7:56 pm
Me and my wife are legal guardians to a 5 year old girl. We are separating. Where do I stand legally as she says she is moving away and taking our little girl have I got any rights.
Mandih 06/10/2017 at 3:50 pm
Hi. I have been awarded and sgo for my nephew who is 12. Mum is refusing to hand over his passport. What can I do to get it as we want to book him on his first ever holiday with the rest of the family?

Thank you
Mandih 06/10/2017 at 3:49 pm
Hi. I have.m been awarded and sgo for my nephew who is 12. Mum is refusing to hand over his passport. What can I do to get it as we want to book him on his first ever holiday with the rest of the family?

Thank you
LawAndParents Editor 03/10/2017 at 2:59 pm
Special guardianship orders usually last until the age of 18. Natural parents do not usually lose parental responsibility but a special guardian's parental responsibility does take priority over the birth parent(s). She'll only be able to return to you therefore, if the special guardian agrees. If not, you may have to apply to court for a decision.
Gemz 01/10/2017 at 7:47 pm
Hi my daughter lives somewhere with a special guardianship order in place.she has now turned 16 and wants to come back to me.can She? Thanks
LawAndParents Editor 18/09/2017 at 2:22 pm
We can't really advise on the rights and wrongs of this. It may be that you need to get a professional opinion in order to help both you and your ex with making the right decision. A court would probably order further investigation into the circumstances and make a decision based on the best interests of your son.
David Young 16/09/2017 at 10:07 pm
Hi id like some information. Im currently luving with my dad at the minute and me and my ex parter have a child together we have agreed that i have my son ever other weekend which were both happy with but as im living at my dads my nephew has been in trouble at school and the police and social services are involed and i told my ex partner thats hes had to come to my dads as this is the only place they can put him and shes kicked off with me saying tjat i now cant have my son for the weekend and my nephew has now been know for hitting his sister my ex partner has said that im not allowed to have him at my dads for the weekend as agreed cos she feels like my nephew is gonna hit my son even though i said i wpuldnt let that happen but shes not having any of it i just want to know am i still alright to have my son for the weekend as agreed even though my nephew has the police and social services involed. Thank you
Big Sister 09/09/2017 at 7:51 pm
Hello, my mum has just died and at the minute my younger brother (14) is in my care (I took him home with me and our father was happy with this situation). I am 25 so age is not an issue. My father is remarried and lives two hours away, and is making plans for my brother to go live with him and his wife. My brother doesn't want to go, wants to stay at his school and has asked me and my partner if he can live with us. When the social worker (have to be involved due to the death) came to see us, our dad didn't come, but she seemed happy with my brother staying with us. What can I do to stop my brother going with our father? He doesn't want to, and I think he is better here in our home town, with his same school and friends, and all our family.
BenGavira 24/07/2017 at 12:25 pm
I am preparing my will. I would like my son to live with my sister. I will be leaving him money in a trust. As legal guardian, what rights does my sister have over my son's inheritance?
LawAndParents Editor 07/07/2017 at 12:10 pm
The mother can apply to the courts to have the SGO removed but the courts will seriously consider all the circumstances involved and will liaise with socia services etc before making a decision.
Lynnie 06/07/2017 at 4:09 pm
Hi I've got. A sgo
On two little boys who where removed from there parents due to being at risk
The mother of the children now wants them back
Can she get the sgo removed from us
LawAndParents Editor 03/07/2017 at 10:58 am
You could consider applying for a special guardianship order until he is 18. Here is where you'll find the form
Dawny 30/06/2017 at 8:49 pm
I have a 16 year old nephew who wants to live with my family. His mother asked us to let him live with us.
We are more than happy to do so, but would like some legal security. What would you advise?
Tia
Nikki 16/06/2017 at 8:25 pm
Hi, was wondering if you could help? My little girl currently lives with her dad as he has custody of her, social services were involved. I went through a bad patch after my ex got custody of her and drank too much, since then I have turned my life around and worked very hard to get here. I am currently pregnant and attending social services meetings for the unborn baby, who I love very much along with my daughter. Social services want joint guardianship with my unborn baby, they have been very nice. Will this mean they will help financially with the baby and help make decisions with me? Or will decisions be made without me as I don't want that happening? There is a plo meeting coming up. I have been told as long as everything goes OK and I remain doing well with this baby I can start seeing my daughter again. So that's positive. Any advise would be great. Thank you
LawAndParents Editor 16/06/2017 at 2:20 pm
You may have to do this if the person with the SGO is refusing to accommodate you. It might also depend on whether social services etc were involved at the time.
Sonia 14/06/2017 at 3:01 pm
Hi my mum has an Sgo with my daughter it's been going on for far too long now she was removed when she was 1 and is now 5 my life has changed so much for the better than before! Everyone can see that my mum won't let me have my daughter over night unless I apply to the courts for over night stay do I have to do this?
Fizz 31/05/2017 at 11:58 pm
Can you help, we became legal guardian's to a 15 year old boy who lost his mum a few months ago. She left it in her will for him to come to us. He Has moved 150 miles away from where he grew up and has left his family and friends behind. He wants to be back home with his family which we can understand. We give him all the support he needs but he just needs to be around family. His nan has said he can move in with her if he wants. Is it as simple as him just moving back? He turns 16 in 2 weeks. Also, where would we stand with his education? If he missed school, would we be liable for him and taken to court/ fined as we are his guardian's?
LawAndParents Editor 24/05/2017 at 11:29 am
She could try citizens advice. If she is the full time carer she should be able to get Child Benefit etc. Her son as the father of the child, should also be contributing to the upkeep. The Turn2 US website has a benefit search facility that might help. She might also want to consider applying for a special guardianship order to make the arrangements more stable and help with claiming any financial help.
Philomena hallisey 23/05/2017 at 11:06 am
Hi need some advise. Few years ago I lost all my children due to neglect , my drinking. I was took to Court. My youngest was taken away and her aunt has legal guardian ship. Ive now turned my life round. Don't drink. And im engaging with the right people since the aunt got gurdain ship. She doesn't stay intouch. Cancel my appointment says shes going phone but doesnt. I now have another baby on the way and social services has put her on child protection just for 3 months. Afternoon that she's off what do I do about getting my little girl home
Queenielisa 23/05/2017 at 12:21 am
Hi wondered if anyone could help , my nephews partner had 5 children that were took off her 3 months ago my nephew is the father of the youngest,their both at the moment just allowed supervised visits but my sister has took on the youngest one because he's blood but doesn't get a penny , she had to come out of work to look after him , now she can't afford rent council tax ect does anyone know what she could do or where to go , she really is finding it hard right now thanks
LawAndParents Editor 11/05/2017 at 9:55 am
Do you have a court order for residency or a guardianship order. You daughter can apply to court but as you have been his guardian/carer for the past 9 years the courts will consider all aspects of the case and make their decision based his best interests.
Heartbroken 08/05/2017 at 3:47 pm
Please help. I have had physical custody of my grandson since he was 13 months and guardianship since 2009 for a period of over 9 years. There was no contact with the mother until a little over 2 years ago. Now she wants to take me to court to get him back. Her past involves drugs, incarceration and medical issues because of the drugs. She has turned her life around and I have been allowing him to spend every other weekend with her. I was wondering what rights I might have to stop this and what I should do next. I will appreciate any insights to this matter. Thank you in advance.
Lou lou 12/04/2017 at 7:29 pm
Hi I wonder if you can help?
I have a friend who has learning disabilities and societal services are saying she is not capable of looking after her unborn child and he will be taken away from her when she has had him. ( This is her 2nd child) 1st child was adopted. My friend has told her baby's social worker she wants me and my husband to basically be his legal guardians.

Do you know what would happen in this situation?
LawAndParents Editor 31/03/2017 at 11:44 am
Sadly no, we hope the courts can help you with something in this respect.
Kay 30/03/2017 at 2:50 pm
My Grandson is being brought up by legal Guardian's who are the mothers Uncle and Aunty.
For the first couple of years there was never any issues with me having my Grandson come to stay or me taking him out for day's except the Guardians made it a condition I could only have him if I took on his older brother as well who is not my Grandson, out of the goodness of my heart I did this and treat him no different.

The Guardians have always been difficult and don't like me because they don't like my son but they shouldn't treat me unfairly because of this and I have never had my son around when I had the boys.

They have over the last few months been unreasonable over my contact and keep putting restrictions on when I can see the boys knowing I work shifts, they won't accept this therefore I haven't seen my Grandson for five months and still have both boys Christmas presents here which I'm so sad about.
I have gone to a solicitor and requested mediation but they declined so I have had to log it with the courts.
Please do you have any advice.
jools 07/03/2017 at 3:21 pm
5 years ago I became my nephews legal guardian after my sister died,but I have since lost my dad and mum who helped me financially,is there any help I can get regarding clothing allowance or any other help
LawAndParents Editor 07/02/2017 at 11:49 am
Can you find someone else, a friend or another family member who would be allowed to visit? They should be able to check she is well and perhaps ask her about the situation. You could also try the Family Lives helpline 0808 800 2222 they may be able to find someone who can find out what's happening on your behalf.
Shaz 06/02/2017 at 9:00 am
Please can you help me.I am distraught.I have an adult special needs daughter living in supported living, she has complex needs but is capable of making some decisions. I have not been happy with the quality of care and management of her needs.The home where she is have barred access to my visiting her.They say she doesnt want to speak to me and last time she was at my home for a 3 day sleepover she was in high spirits. After her return to her place, I was visited by police citing a FMPO being issued against me ???? they took her passport and told me she had made a statement, but its outrageous someone has brainwashed or influenced her.It is not my daughter speaking.Its unfounded.No one is talking to explain , carers ,social workers.Im at a loss.My daughter is prone to being easily exploited.I fear this has happenned but at the cost of defaming my parental status.What do I do. ? please help .It has devastated me .This is a totally far fetched claim one I could never conceive .
MissVLCTries 30/01/2017 at 11:48 am
Hi, my sister is 3 years old and her mum has a substance abuse problem that she has been denying for a long time. There have been several instances where she could have been severely injured because the mum was passed out in bed and instances where she has left the house to go meet her dealer and left my sister in the house. My dad is willing to sign over guardian rights to me and my elder brother (i'm 24 and he is 28). What can we do in regards to getting the mum to sign it? Is there a way to get her to take a drug test to prove what we're saying?
LawAndParents Editor 17/01/2017 at 1:57 pm
You will need to find out whether he will be accepted in Canada first. Is is other parent in agreeement?
Rebecca 16/01/2017 at 4:25 pm
Hi, my son has had many issues with schooling in the UK with bullying ect and my Brother lives in Canada BC. Him and his wife with 3 children are happy to accept my son into their family and raise him as their own. He spent 8 weeks recently and They would take him on a guardianship.. however do I ask for this to be done in the UK or Canada? my brother is originally from the UK and has been in Canada for 10 years.. Any help or advice would be so helpful or how I go about this in a speedy manor. The reason is he will need to be in school asap
LawAndParents Editor 15/11/2016 at 2:09 pm
Where are you taking her from? Is it another country? Sorry but there really isn't enough information here for us to comment helpfully.
Silvie 14/11/2016 at 11:17 am
Hi
I'm a Brazilian/British citizen and just got the legal guardianship of my 17 years old niece and need to take her with me to my home in London, how do I proceed I have no clue where to star.

Thanks and regards

Silvie
Lee 19/10/2016 at 3:50 pm
My husbands ex wife died 4 years ago they have a 21 year old disabled daughter together she lived with her mother they didn't have anything in writing or court they was just both parents who shared the daughter so is my husband now her guardian?
J.w72 05/09/2016 at 9:27 pm
Hi i am looking for some advice i have my two grandsons living with me one is 4 and has been with me for a year now and baby is 6months old and we have had him since he was born i am waiting for sgo to go back to court what i wanted to no if the ago was awarded can i apdopt them? They was taking way from there mother due to neglect
sammii 04/09/2016 at 4:55 pm
Im trying to find out if it would b possible to get custody of my little sister she was adopted at birth in Ireland and now has been put in voluntary care by adoptive parents!! N told she's not worth the money she need for help with her mental health with runs in the family so adoptive parents would have been aware and she's so unhappy its breakin my heart i grew up in care i have a child of my own who i have shared custody with his dad (settled out of court) so not really sure what the laws around stuff like this are
KnO 20/08/2016 at 4:21 pm
I am preparing to apply for legal guardianship for my two nephews who lost their mum and social services placed them in forster care. A contact was ordered by court two years ago between my family and the children biological father who is abroad. Now. My nephews are 11 and 10 years respectively, want to come and live with me as their only uncle. Can you please advise me what type of application forms should I fill to the family proceedings court. Thank you.
Edo 25/07/2016 at 8:51 pm
I have 4 kids all born in Ireland. As parents both of us uk born. My ex took my kids 4 weeks ago without me knowing in the middle of he night and came to UK. I have had no contact since. I am now in uk. The children are my name egington I am father on all birth certs. What are my rights in uk for guardianship
LawAndParents Editor 19/07/2016 at 2:38 pm
It might be worth going to your local Citizens' Advice Bureau to see if they can suggest any options for helping with care. You may need to apply to the courts for power of attorney if you want to be able to control his affairs/finances though.
Khawaja 18/07/2016 at 3:40 pm
Am applying for the legal guardian ship certificate because am carrer with some one else that is 78 years old no boady looke after him .so how can I got the legal guardian certificate it is my legally requirements for the carrying him where can I got that certificate can advise me please ......?
LawAndParents Editor 06/07/2016 at 10:20 am
We don't know the terms of the guardianship order or enough about your own circumstances to comment really usefully on this unfortunately. If you want to question the guardianship order, discuss this with your parents and any other support workers involved. They may be able to help you to move out with the necessary support.
Hi 05/07/2016 at 8:05 am
My parents have a guardian order over me as I have ASD. I live in Scotland where you are an adult at 16 but with a guardianship order your parents look after you until you're 18 however I do not wish to stay with my parents anymore as they're controlling and manipulative, I want to leave home and I have a place to stay I just want to know that if I choose just to leave home can they really do anything regarding that I don't WANT to be at home/ let them make decisions for me anymore? In my opinion if I know what I want and can think for myself why should I need a guardianship order? If I leave home without them agreeing to let me leave can they make me come home and if they contacted the police would they be intitled to bring me back even if I didn't want to regardless of the guardianship order?
Bexter79 25/06/2016 at 9:21 am
My 9 year old nephew is currently residing with my best friend of 16 years due to his mum passing away from cancer and she wrote a last minute will stating for him to live with them. They want to move him to Gran canaria and we want him to live it his we helped bring him up what can we do?
Hanka 23/06/2016 at 6:05 pm
Hello.

I currently live in the UK with my parents and my sister; we are all EU Nationals apart from my mum who is Vietnamese. She recently applied for a Visa however this was refused and my family will therefore be soon moving back to the Czech Republic. I have been living and studying in the UK for 6 years and am still doing so in full-time education at the age of 15.

We have my parent's friend who will agree to take care of me and be my guardian. Would I be allowed to stay in the UK with her without my family? I don't think I can move back to the Czech as I am in my final year of completing my GCSE's and I would like to finish my education and have a career here. Would I require a legal document with this personal arrangement?

Regards,
LawAndParents Editor 22/06/2016 at 10:08 am
You could create an agreement with your ex partner so say that you are the parent with full residencial care of your son. You could use a mediation service to create the agreement and have it made legally enforceable. Failing that, if you are unsure of your status, you could apply for a court order using court form C100 for full residence.
Nuno 21/06/2016 at 11:09 am
My expartner is leaving UK but leaving our son with me ( father ).
How can have legal guardian, in order to travel and do other things that needs mother permission? I need to have full parenting guardian , and how can I have it ?
LawAndParents Editor 25/04/2016 at 2:38 pm
It might be worth asking your father and step mother to put something in place that indicates their wishes, just in case a prison sentence is issued.
S 24/04/2016 at 8:45 am
My father and step mother are both due to be sentenced in court in a few weeks and they are highly likely to get a prison sentence , I am 23 but my brother is only 12 .would guardianship automatically be granted to his older siblings (there are three of us ) ? Or will we have to apply for guardianship ? Would we have to sort it out before the sentencing or when we find out if they have a suspended sentence or not ?
LawAndParents Editor 15/04/2016 at 12:38 pm
Does the order give you full residence with the children? If so, your children's mother cannot move them away without your consent. You might want to seek legal advice with regards to a prohibitive steps order.
scottg 14/04/2016 at 1:39 pm
ive had a residence order in place now for almost two years however, my childrens mum has decided that she wants to quit her job and move back to spain with her parents.. where does this leave me in regards of the residance order?
Rob 31/03/2016 at 3:59 pm
My brother and his partner (british citizen) are both in jail in India - they have 2 daughter 12 & 15 years old that were born in India and have only visited the Uk twice on holiday. My brother has asked me - considering his situation - if I can become legal guardian and bring them to the UK to grow up here - he is likely to be in jail for another 6 or 7 years. What would I need to consider for this process? - the girls do not have passports and I have no idea what paperwork my brother has access to (birth certificates, etc...)
FRED 19/03/2016 at 7:08 pm
I lived with a woman and her 6 month old baby for 2 years when she broke up with me and someone else moved in with no other children (and is still there). The child's biological father is not legally allowed to see the child but is on the birth certificate. I have continued to act as father to the child because I love him and he knows me as Daddy. He stays with me at my family home with my parents for 2 to 3 nights a week. However, I have little say in anything concerning the child and am often the last person the mother considers when making her arrangements - I am last on the list. I am acutely aware that the mother could decide one day that she doesn't want me to be Daddy anymore - I have no say. Both the mother and I work complicated shift patterns and my parents often look after the boy when I am in work or in bed if I have not got him on my day off. The boy will start school in Sept and childcare will become even more complicated. The child's mother has asked me if I want to be legal guardian (and may also be asking the current boyfriend the same as he is also close to the child). I love the child enormously - I would love to have more say in the child's upbringing and know that he isn't going to be whisked away from me. What things should I be considering in this role?
halz 08/03/2016 at 10:47 pm
I live with my partner and he just got full custody his 2 girls both under 9. My partner and I have a son together. If my partner was to go to jail would that make me they're guardian? Or would we need to be married?
Deenaj 07/03/2016 at 12:12 am
Dear,

My sister currently has two daughters in Ecuador South America. However, she has requested that I may become a guardian to her eldest daughter and she is no longer able to financially provide for her and do so, in many other aspects. My question is, as a British citizen, having lived here in London for 20 years, what can I do? And is this request possible to carry out? We have two children and we have raised them both to the point that they are at university now. So, we are more than capable of being guardians to her eldest daughter.
sally78 24/02/2016 at 6:59 am
My friends mum died before Christmas and appointed the aunt and uncle guardians (the son is 17) at what age do they stop being legal guardians? Is that at 18?
LawAndParents Editor 23/02/2016 at 12:34 pm
This is difficult to actually instruct in a Will as the mother will be the main carer. You could consider a legal agreement with the mother to maintain contact with the paternal family. You might want to consult a professional/lawyer about this.
drnick 22/02/2016 at 1:47 pm
My son lives in Italy with his mum. We are separated. I'm looking for a way to ensure that should I die, he still has guaranteed time with my family, and that some of my immediate family have authority for looking after him. How can I include this in my will?
LawAndParents Editor 11/02/2016 at 12:42 pm
Your future wife should be the one claiming any money for him. You could apply to the courts for joint guardianship.
c 10/02/2016 at 12:31 am
my future wife has custody of her nephew both of his parents are alive and well he lives in my house i take him to school everyday bc of this i have to work graveyard shifts which i hate im not on the guardian paperwork will i have any say once i marry his aunt ps. this kids parents dont give us money or help with anything can i go to a court and fight for support im not happy and its ruining my future with my soon to b wife i dont wont this responceability of paying for someone else kid espically until hes 18 hes only 7 right now i barely have enough money to support myself
LawAndParents Editor 09/02/2016 at 12:19 pm
yes, if the father is still around, you should apply via the courts.
MissKing 07/02/2016 at 9:58 pm
My ex left me and his 2 year old daughter with nothing, and I now have a new partner whom I've been with since. My daughter is now 5, she does see her dad sometimes however he can be violent towards me and me only and doesn't really do much for her. She also now has a baby half brother and another sibling on the way with me and my partner. My partner desperately wants to be her legal guardian as he loves and treats her as his own. Would we still need to go through the courts?
LawAndParents Editor 03/02/2016 at 2:23 pm
He would have to apply to the courts if he want to become a legal guardian. Check out the government information here
chinco 02/02/2016 at 10:18 pm
I got a 6months baby,my partner left me when the pregenancy was 5months old,now I got a partner ready to be the baby's gurdian can he do it?
LawAndParents Editor 22/01/2016 at 12:34 pm
You should seek legal advice on this to ensure that your Will and any other necessities are performed in the correct way.
LawAndParents Editor 22/01/2016 at 11:09 am
Will social services back an application for legal guardianship? That might be the only realistic solution.
S 21/01/2016 at 3:36 pm
Hi I am a single parent with fantastic family support. My dad has helped me raise my daughter and I am putting together a will as I have a chronic illness to ensure my daughter will be safe if I die. Her father is a dangerous man. He has not had contact for years my daughters choice. She is now nearly 10.
I would like to make my father a guardian while I am alive. I would like him to have equal rights to me. my daughter is also very happy with this. How is it possible? And what do I need to do? Kind regards s
stephie 21/01/2016 at 9:55 am
Hi, December 29th 2014 my sister gave her youngest daughter to our mother to care for as she didn't want her any longer. no visits have been made in over a year, and only a handful of phone calls. she has another daughter who is now 12 and also gave birth to another little girl 9 months after giving youngest child away. social services have been involved but have only made things worse, like turning up at the school and taking the child out for hours without informing my mum. hospital has to call her mother to ask permission which I think is horrible, to sit waiting till she decided to answer her phone.......my sister will not hand over guardianship even after 12 months. social have trouble contacting my sister but keep popping up every 3-4 months and its just doesn't help. The child in question starts to get on with her life then they come and rock the boat again! she does wish to see her mum and two sisters, but still wants to live with nan. Can we do anything?
babs 11/01/2016 at 7:08 pm
i have had my grandson living with me for most of his life where do i stand if i want gauardianship of him my son witch was his dad passed away when he was 10 months old i have had him most of the time since but his mother clame his money what can i do
jane 08/01/2016 at 3:15 pm
My mother has had my children for most of there lives and they are now 13 and 15 due to a resident order i had really bad depertion i know my mother sould have been here for me but she wasnt the 2 children have allways wanted to live with me but there grandmother said they carnt due to the order and find asking for help off there grandmother a problem and most of there care needs are left with me and there dad , they say they cant explaine things to there grandmother without her argueing with them its hard because my children ask me for help i try and get my mother to take it in but we end up arguing over it , and my oldest is feeling depressed over it all. what my real question is if an order is in place and my kids decide one day i want to live with my mom and dad what are my kids rights , if they want to come and live with me
Kat2 08/01/2016 at 2:38 pm
Iv legal guardianship since my grandson was 6 months old he's 3 now and want him to attend a catholic school, however he's not been baptised. Has his legal guardian can I get him baptised has a catholic without have permission from his parents who don't see him?
LawAndParents Editor 04/01/2016 at 10:54 am
You will need to consult with the courts and social services over this. In general the courts will act in the best interests of the child - so may consider guardian/fostercare/adoption alternatives - they will probably initially request a CAFCASS report to assess your situation.
sammy 03/01/2016 at 8:42 am
I have Gardian ship of my 8 month old non biological grandaughter with her biological grandad. I want to leave him after 15 yrs of marriage I don't want to leave her because we have a bond I sole care for her he just watches and want to hand her bk to me if he has her to long .I went to pick her up from foster care I ran about doing everything and I want her for life .What right have I got if I leave him? I don't want her in care I can give her everything she needs . Or will my husband have more rights coz he's her real grandad ?.
Mrs restless 27/12/2015 at 11:35 am
My husband's 15 yr old daughter currently lives with her step father who has pr she is staying with us for a wk and is refusing to go back as she us extremely unhappy there. Can ss make her return or can she stay with her biological dad and me
LawAndParents Editor 14/12/2015 at 2:42 pm
You probably do not need the father's consent for this as long as your daughter agrees.
Trish 14/12/2015 at 11:12 am
My 2 friends a married couple who have been very close friends to me and daughter for nearly 10 years now, want to take my daughter to usa and canada for 3 weeks for a holiday of a life time. My ex is in prison serving a very long sentence. We divorced 12 years ago, my daughter is 13 years old will be 14 when travelling. He had very little contact with her before he went to prison and hasnt had any since, about 3-4 years ago. I'm writing a consent letter for my friends to take her with them. Do I need the fathers consent?
LawAndParents Editor 03/12/2015 at 11:00 am
The easiest way for your son to do this is to make his wishes (regarding your guardianship) clear in his Will. If he wants you to be a legal guardian while he is alive (for example if he were to become ill or have to spend time in hospital etc) then you can apply via the courts for legal guardianship.
dolly72 01/12/2015 at 12:34 pm
My brother now has full custody of his son (awarded by family court) The mother is deemed as unfit. She can have supervised visits at a contact centre as she requested. This she has yet to arrange. Anyway, my brother has asked me to be legal guardian to his son should anything happen to him. How do we arrange this? Not sure as the mother is alive. I don't want my nephew going back to her or going into care should something happen like a long term illness etc. Thank you for your help
Zeeshan 25/11/2015 at 1:30 pm
My step daughter is living with me her mother is in Pakistan she don't plan to come back from Pakistan and daughter is british so how can I become a legal guardian what rights I have in the uk
LawAndParents Editor 25/11/2015 at 10:39 am
It depends on her age and whether the mother/guardians are happy with the arrangement. The courts would decide this after some investigation if he were to take it to court.
Vee 24/11/2015 at 11:53 am
My husband and I have guardianship of our daughters baby girl, in which both live with us. We allow her father visitation but do not find it in the best interest to have her sleep over at his house. Does he have that right?
paulo 10/11/2015 at 1:43 pm
Good day.

Kindly want to know if I can use your service. I got petition service from my wife by mail as i live outside UK. We have a child between us whom she doest not want me to access. I just want to know if I can file for contact order or parental responsibility in order to get my residency so i can be close to our 2 year old child and give him care. Remember of divorce is already ongoing in a UK court. Many thanks
LawAndParents Editor 10/11/2015 at 11:50 am
You cannot force the mother to see your granddaughter but you can prevent her simply turning up at incorrect times etc via a court order.
Cat 09/11/2015 at 1:15 am
My son has residency order over two year old girl as social services deemed mother unfit to look after her mother has contact order of ihr per week she has not been to see her in five weeks the time before was for weeks what can we do legally to stop her coming and going as she pleased
BonnyScotland 30/10/2015 at 8:20 pm
Hi

I am named as the guardian of my friend's child in her and her husband's will. Unfortunately, I did not think this through properly and have decided that I am not the right person for the job should the worst happen. I have not signed anything merely stated verbally that they could put my name down. Do I have to take on this responsibility should the worst happen?

I have discussed this with my partner who reckons Social Services would go to her family first (she has a brother) before a named guardian in the will.
jellybelly 21/10/2015 at 3:54 pm
we received guardianship of our grandson this year. Our son is the father who is still with the mother of the child. The mother has previously had 2 children go up for adoption, the mother has learning difficulties, and Social workers deemed she was a risk to her children. The other grandmother has had nothing to do with our grandson who is now 9 months old, and was deemed unfit to take care of the other 2 previous children. We arrange contact for both mum and dad at my house and it has worked extremely well until we decided to organize a naming day for our grandson. The other grandmother is now saying she would like to come to the naming day, which we agreed to. But now both mother and grandmother,seem to think it is a proper christening which we have explained is not a christening. The grandmother is is now saying she would like her young daughter who is 11/12 years old to be a godparent. She told the mother of the child [her daughter] that it is not our decision it is theirs who is a god parent she will not have it that with full legal guardianship it is our decision who is a god parent, and will not accept that it is us who can and will make decisions for our grandson. We have now decided that we would rather the other grandparent not attend the naming day, but it is causing no end of trouble with the childs mother, who i did have a good relationship with. And because she has learning difficulties finds the situation quite difficult. The grandmother is now telling her daughter what to say to me, and trying to cause no end of trouble. It is now getting to the stage where i will have to organize a contact centre, so that she can see her son, just so that i do not have to supervise her contact. And i am considering changing the naming day to another date, as we do not want our grandsons day to be spoilt. And not notifying people until the day of the service, so the other grandmother can not attend. I am not able to speak to the other grandmother asi have no contact details for her and she lives about an hours drive away from us. Any advice you can give us would be great. Thank you.
LawAndParents Editor 14/10/2015 at 2:11 pm
Yes - even though he is not the parent with residence, the father still has a "say" over important events in his child's life.
Gus 13/10/2015 at 9:47 pm
I have a residency order for our children to say they live with me. Does this give me any rights over the father (his name is on birth certificates)
My son, 8 is unhappy at school, I have accepted a place at our local school but dad is saying no. Can he stop me from doing this?
Vee 20/08/2015 at 9:31 pm
Me and my fiance are going for legal guardianship of our nephew. Before us he was taken care of an aunt of his mom. His mom is allowed to see him minimum 1 day a month for an hour, now i understand its up to us to set a limit of days and hours. But she is not allowed to take him home or out if she does we are to go with, All visits or take outs have to be supervised by either my fiance or myself. Now while he was being care by the aunt, she let the mother take the child for days, and a little before transition from her home to ours we found out she has been having him for 2 weeks, so the child is used to her. But my question here is. what are the consequences of going past the rules and doing the same by letting her take the child. My fiance and I are strict in that aspect and what to go by the rules due to us having a 2 yr old of our own. and we dont want to risk either one of the kids, We just want her to understand the consequences of not following the rules. Please help, Appreciate it.
Suzie 20/08/2015 at 6:27 pm
I'm 21, my father passed away and my mother aswell just this year. My eldest sister had put in for guardianship for my brother who is 12 but having her own 3 children isn't coping well and has admitted that she'd prefer not to be taking responsibility for my brother. I would really love to have him, and he would really love to have me. How easy is this to reverse?
LawAndParents Editor 19/08/2015 at 9:53 am
If they had joint parental responsibility consent is usually expected. A two week holiday is not normally out of the ordinary however so we assume there is some underlying mistrust for other reasons here. The courts are the best angle if he's persistent in his refusal.
Dipsy 18/08/2015 at 8:57 am
My friend who at the time was married was given guardianship of a child who they where fostering at the time. Since then the husband as walked out on them for the 4th time. My friend is now going to go on holiday in 3 weeks and her husband is saying she cant take the child out of the country without his consent. The holiday is only for 2 weeks. He is refusing to give his consent. Is my friend allowed to go on holiday without his permission with this child.
Dee 13/08/2015 at 10:07 pm
My younger brother has recently moved to England with me but his mother remains in the US. I am 21 and he is 15. His mother and he are still close but he wanted to go to school out here. I wanted to know if I am ok to continue looking after him as his sister or do I have to apply to be his legal guardian? Or is there another option such as a temporary transferral of responsibility?
Noma 11/08/2015 at 2:43 am
I just acquired guardianship of my 52 year old daughter, who is a meth addict. Today when I tried to find out information about an appointment I made for her that she went to at a place that deals in addictions, I was refused. I was told she had to go in and sign a release form first. This doesn't seem right to me. Is it?
Hhew 10/08/2015 at 10:19 pm
I am currently getting my nephew where I am his legal guardian. I have two children of my own where myself and husband both work.. We are not entitled to any benefits due to the amount we earn. Is this separate where I can claim or will he be treated like he is one of my own??
Ed 07/08/2015 at 8:38 pm
Can I become a legal guardian for my step child?
LawAndParents Editor 31/07/2015 at 1:57 pm
@Dawn. It can be reversed, but the courts will decide whether it's a sensible decision for the children.
dawn 29/07/2015 at 9:12 pm
I got guardianship of my 5 grandchildren in Feb this year and now my daughter is saying that she is going back to court to get them back is this possible
LawAndParents Editor 29/07/2015 at 10:22 am
@lisa123. You will have to check this with the relevant authorities but usually anyone staying in the UK for education purposes has to pay for their own healthcare.
lisa123 27/07/2015 at 5:34 pm
Hi
My nephew comes to the UK to be private schooled and his parents live in Nigeria. I look after him whilst he is here in the uk... can I become his legal guardian so that he can access health care?
LawAndParents Editor 28/07/2015 at 12:39 pm
@boba. You cannot remove parental responsibility easily, but if it's simple holiday, the other parent has not been in touch and doesn't play an active role in your daughter's life, then you should not need consent.
Boba 26/07/2015 at 9:59 pm
My daughter hasn't seen her biological father for 4 years, after solicitors letters back and fourth and mediation her father was unable to show consistency in his contact and has not paid any maintenance and hasn't been seen or heard from in 21/2 years.
My daughter knows she has a daddy she doesn't know but now has adopted for herself my partner as daddy.
Her biological father has parental responsibility but we would like to take her away on holiday and wondered how we gain permission for this as. We are no longer In contact with her father. Also is there anyway I can have the parental responsibility removed from bio father as he has not paid an interest or supported her for 4 years and seems wrong that I have to gain his permission to take her on holiday.
jax 18/07/2015 at 4:47 pm
I had a mental breakdown 8yrs ago..
i sectioned myself to get right help.
My mother agreed to take role of Legal Guardian and a residence order...
Though i still had custody.
Order was said to be in place UNTIL i was fully recovered and 100%.

My mum was told it be at her discretion to determine when children returned home with me.


I am fully recovered....no issues.
No follow up...


My mum and i have mutually agreed my daughter needs to be back with me..

......WHAT I NEED TO KNOW...

Advice from solicitor says its ok for us to mutually do whats best now

however.....

my mum WANTS TO NO LONGER BE LEGAL GUARDIAN....
AND I NEED RESIDENCE ORDER VARIFIED ....To my address.

(( no social services involved....no outstanding repirts or court dates..

I have c100 form for residence order to be Submitted....

BUT ...HOW CAN MY MUM RELINQUISH HER RIGHTS AS GUARDIAN ???

She just wants her life back now...
without responsbiility .of my child.
LawAndParents Editor 03/07/2015 at 2:14 pm
@jackee. Unfortunately we cannot give advice on non - UK matters.
Jackee 01/07/2015 at 1:06 am
Well my situation started in 2009, 2010, 2011and 2013 when I was asked to be guardian of a baby girl who was born with drugs in her system the mother told me that she couldn't take the baby home for two reasons she was living and sleeping with her uncle as a couple and That the Department of Children and Family Service was going to take the baby but if she had someone who would like to take the baby so DCFS release the baby to me with the mother signing documents stating that she was unable to care for this kid do to her being on drugs and alcohol and unstable living arrangements she gave me the rights to fill for legal guardianship through the courts so now I have 2 other baby girls and they was given to me the same this one was born in 2010 and 2013 with same condition drugs and alcohol etc and in 2011 this mother had another bady girl who was unfortunately put into the system now a judge order me to take this lil girl because I had the others so I came the foster mother of only this baby my ? Is if the mother is still unstable and talking about she wanting them back so that they can live with someone else because I want allow her to control me meaning that she feels like she can call when ever she wants to any time of the day with threats like I took her baby's and she still their mother which the kids do no who she is I make sure of that but Im tied and fed up with her thee girls are happy, loved and safe with plenty of room to grow and develop and learn how to speak a different kind of language such as Spanish what can I do to make sure that the girls and I are protected by law where she has no grounds to reclaim the children adoption is an option that I would like to pursue please give me some legal advice the girls would like to stay with me and actually the mother has never given them any birthday cards Christmas cards Christmas gifts please tell me what I need to do email me as soon as possible I moved here from Chicago and now I'm in Arizona tell me my grounds I stand no yes the mother still living with her uncle as a couple and they're staying in abandoned house that have no gas no water in illegal lights I feel that this transition would devastate the children in many ways
LawAndParents Editor 01/07/2015 at 2:46 pm
@patrick. You would need to apply to the courts and obviously have somewhere to live etc.
patrick 28/06/2015 at 11:50 pm
Can I get some advice me and my mother both have guardian ship off my daughter . But off lately my mother has been making our home not a safe place for my child to live in with her drinking more and attacking me so I was wondering if I could get full guardian ship off my child.
LawAndParents Editor 22/06/2015 at 2:01 pm
@julie. You will need to contact a benefits advisor and give them all your other details to find out this information. Contact the Citizen's Advice Bureau to start.
julie 17/06/2015 at 12:06 am
im soon to be my grandsons guardians age 3 and 5 to be in 2 weeks im working 2 nights a week but my grandsons struggle to sleep out their auntie who they really close too they just want to stay at home with me I love my job but my grandsons need me more emotional and more if I give my job up will I get support from income support I also ave a 11 year old daughter
LawAndParents Editor 15/06/2015 at 2:24 pm
@Karaoke queen. If you are the "legal" guardian, then it's already been made legal. If the father wants to full residency he will have to apply to the courts.
Karaoke queen 10/06/2015 at 1:47 pm
I was made legal guardian of my grandson when my daughter died .she put this in her will .my grandsons father is still around and sees him one day a week but he lives with me .Do I have to do anything to make this legal or is it enough that it's stated in a will
LawAndParents Editor 10/06/2015 at 11:13 am
@lalalala - The courts would decide this. As your sibling is now 16 he can actually move out anyway as long as he as means to support himself. The courts would take his wishes and the other circumstances into consideration if they were to grant legal guardianship etc.
lalalalaa 06/06/2015 at 1:00 pm
hi my parents are going to get a divorce, they had 4 kids including me, and one of them is under 16. i was wondering as they are going to be fighting for the custody of him, that would i be able to take him, as his sister. i have proofs that i have looked after him helped raise him and have witnesses which also thought i was his mother until they were told otherwise. i am 21 myself. they both have serious mental heath conditions, and one has overdosed twice, whislt he was in the house. whilst the other has has the mental health team around to help with his suicidal thoughts. i am perfectly healthy and am of a stable mind. would i be able to fight as his gardian even though nothing is officially signed, or would i need a legal document. also what do you think my chances are as i do not want him to end up in foster care.
jt 27/05/2015 at 8:44 pm
me and my patner have been together for 8year he got PR for his 9year old son in 2008, he is looking at doing a prison sentence for 6 weeks what rights does that leave me with we are unmarriaged could the mother of the child take custody of him while hes in prison?
muppetlou 27/05/2015 at 12:01 pm
I have been legal guardian to my grandson for 7 years. 3 years ago we moved in with his mum. Social services agreed to this move.
Now its time for my daughter to have all her parental responsibility back.. I am not well so need to do this. My grandson wants this as well as my daughter has 2 more children
What do I need to do?
Sister 24/05/2015 at 8:06 am
Hi, I'm 22 and I'm about to graduate from University and move into my own place, my 11 year old brother lives with my mother. My mother and I are no longer on speaking terms due to my concern over her alcohol intake and her partner. My younger brother is not happy living at home and I don't believe he should be in that toxic environment (constant arguments, excessive drinking.) When I move home I would like my brother to come and live with me. If my mother does not agree will I be able to get any rights to help him? I believe his school work, health and social and emotional well-being are being impacted by this situation.
busi 22/05/2015 at 1:50 pm
Hie my name is busi I would like to ask, there's this woman she was in a relationship with my uncle then she offerd to look after my child I let her stay with her, so she didn't want my child to come to me for visiting at all or sleep over my place so now I told her that I want my child she doesn't want and say she's now used to staying with her what must I do couse the social worker told her that she must give me my child back she said she won't please help thank you.
Sam 20/05/2015 at 5:52 pm
My mum is not well and would like me to keep my brother until she better but she doesn't live near me, so he will need 2 change schools, wat do I need 2 do?
LawAndParents Editor 13/05/2015 at 11:56 am
@Zab. Seems as though it would work if you are living with your grandparents as well as having an older brother as a guardian. As you're now 17 this would be within the law.
Zab 07/05/2015 at 5:50 pm
I'm almost 17 and I live in England with my mom. My dad works and lives in America and my mom wants to go and join him for an extended amount of time each year.
There are no problems at all between us. My brother is in university right now close to where I live and we've all decided he should become my legal guardian until I'm 18. I would live with my grandparents who are fit to look after me, but my parents do not want them as my legal guardians.
My parents are both fine and willing to give my brother guardianship (it was their idea).
Is this possible ?
LawAndParents Editor 06/05/2015 at 12:52 pm
@S. You would have to do this via the courts not necessarily by removing his PR but by a Prohibitive Steps Order or a Specific Issue Order. If there has been violence in the past and you are concerned about the children's safety then you should also raise this with the police/social services.
S 29/04/2015 at 12:28 pm
Hi, I have been separated from my ex for 4 year, divorced for a year and I got a residence order at the same time. my ex has seen my kids 2 times in the last 4 year and the last time was 3 and a half years ago, he has a history of drug abuse and is known to be violent. how do I remove his parental rights? I'm worried that if anything happens to me my kids will be sent to live with him. please help!
LawAndParents Editor 30/04/2015 at 10:32 am
@L. If the father does not have parental responsibility and your Will specifies who you want to look after you child, it should be straightforward but you should check this over with a solicitor.
L 24/04/2015 at 4:55 pm
I would like some advice on if it is possible for my son to live with my sister in the event of my death rather than his father. I have a Will drawn up stating my preferences, and the father currently is not on the birth certificate and holds no parental responsibility. Is it possible to give Parental responsibility to my sister?
LawAndParents Editor 21/04/2015 at 12:36 pm
@ell. No, you'd have to be concerned about your child's welfare or safety to get an order to prevent this.
ell 18/04/2015 at 2:29 pm
Hi there, I have recently had a baby and fathers sister has been very difficult and spiteful, she hasnt really made an effort to see our son and her main issue is with me. I have discussed the issues with my partner and he has dismissed it. I am now not comfortable to have my son around her, even though she does not see him very often. Do i have a right as a mother to not allow contact even though my partner (his dad) is against it? what are my rights?
LawAndParents Editor 14/04/2015 at 12:32 pm
@Angela. He could apply to the courts for an adoption order, this would take away any parental responsibility from the child's father.
Angela 11/04/2015 at 5:22 pm
Hi Can someone help me I have a 9 year old and a 1 year old and I have my 3rd baby on the way. my 9 year old does not have a dad as he walked out never to be seen again when I told him I was expecting at 17 and that was it they have both never met and I was officially a single mum I couldn't find him if I tried I am now nearly 30 and have moved several times along the way I have met the most amazing man who has bought him up as his own he is the father of my two youngest and is the best dad ever. My son loves him dearly and classes him as his dad he also classes him as his son and nothing less I want to make him a legal guardian as my biggest fear is something happening to me and the two boys would go with him as that is there real dad but Tyler would be torn away he would love to take Tyler as his own and would fight the wold to make sure he lived with him and his brothers but I want this legit if I die he lives with him and no one else
LawAndParents Editor 09/04/2015 at 10:34 am
@Dad. Many people in these circumstances look at adoption or special guardianship orders to ensure they have parental repsonsibility for the child. You will have needed to complete forms/sign official documents etc if this had already taken place. Speak to your partner about doing this.
Dad 07/04/2015 at 11:50 am
Hi,

I'm a natural father to one child and I've also taken on the responsibility to my partners (soon to be ex partners) other child whose natural father has deceased. I have been her father since she was 6 months old and she is now 4 1/2 years old. She has no contact with her natural fathers family and my family have taken the role of being her family. She calls me dad, I act as her dad and for all intensive purposes sees me as being her dad. I want to continue being her dad as she was my natural born child and my partner has always expressed her continued wishes in keeping me as her father. My partner has told me i'm her legal guardian however I have not seen one shred of evidence or piece of paper to support this claim. Also i have never agreed to be her legal guardian to anyone other than her through verbal communication. I thought it was very strange to become the legal guardian without me at least signing my name in the presence of a legal witness. However I understand from reading the above passage that there is a specific legal procedure which needs to be followed to become a 'legally binding' guardian, so i would assume that she is talking gibberish and is not aware in what she is saying.

If anything was to happen to the mother of my child (assuming she died). Would i have any say in my daughters future? i.e. with regards to legally adopting her as my child? Or would anything regarding her future parenting be left solely to the social services or governing officials? Would i have no rights to her as if she was any other child on the street I've never seen before? What specific documents would I need to have legal weight in any argument regarding her future? Would the mothers 'will' have any weight in such circumstances?

P.s. she does have an extensive maternal family who would be very supportive in such circumstances such as grandparents, aunties, uncles, great cousins etc...

What would my weight be legally compared to these other family figures? I'd assume they would be the child's legal guarding by default should they choose?

Thanks.
catfish 27/03/2015 at 12:24 pm
My best mate has gone into hospital and she asked me to look after her 2 sons and daughter they aged be ween 16 15 and 9 and whist the young one are at school I took the 16 yr old shopping and got bits for his mother then I bought him to my home for couple hours whist I sorted out my stuff I have 3 kids my self but the issue is my husband is saying this is not right and said it doesn't look right him being her whist I'm at work and the kids are at school. I've known my best friends kids for years I've seen them grow up. Does anyone else think I've done wrong as my partner has completely had a go at me and I'm in tears over this
LawAndParents Editor 25/03/2015 at 10:58 am
@Tirian. As a 16 year old, he can leave home when he chooses and theortically has quite a few rights. There are still quite a few things that require parental permission (such as bank account & benefits related issues) so you may need to speak with social services or the Citizen's advice bureau because we don't know enough about his circumstances
Tirian 22/03/2015 at 11:21 am
My daughters boyfriend has been kicked out by his parent and Im taking him in here my daughters 15 and he's 16 now what I'm concerned with is how I stand as a guardian to this lad as he doesn't have anywhere else to go he ll be moving in my with son in his room who's 24 so obviously there's no funny business going on with my daughter I need to know legally how I stand taking this lad in?
Jaxxy 16/03/2015 at 3:01 pm
My sister has recently died leaving a 16 year old , he wants to live with me and don't want to live with his dad who has never been there for him what are my rights and will I get any help.
LawAndParents Editor 06/03/2015 at 1:58 pm
@T. Can you get some professional help and advice on this? We don't have the reasons behind your original wish etc so there's obviously a lot of background information here. An adoption cannot usually be reversed but legal guardianship could be contested.
T 04/03/2015 at 7:13 am
My sister asked me to raise her child and she sign the guardian paper work. I've had this baby since he was 48 hours old now he's 2months and she wants to recant, cause I won't let her make decision regarding the child. what should I do.
LawAndParents Editor 06/03/2015 at 12:27 pm
@Birdie. Unless she has registered special needs, once she is 16 she can do as she pleases.
Birdie 03/03/2015 at 7:02 pm
my daughter's best friend is 16 yrs. old, her mother did not want to accept her back at home after she disobeyed her. The mother said she would let her back in the house only if she would let her shave her head. The teenager asked if she could stay at our house, and she did. This incident happened two weeks ago. What would you recommend me to do? I don't want to be accused of anything illegal. Please advise, thank you.
LawAndParents Editor 20/02/2015 at 11:39 am
@Kell. Sorry but we do not know enough about this case to give any advice it sounds it would be easier for your auntie to allow the assessment and enter in foster arrangements. Even if your aunt were to file for guardianship, the courts may still request an assessment before granting it/
Kell 18/02/2015 at 12:27 pm
I need some advice. My eight year old daughter lives with my aunty and my nana. She has lived there for most of her life. This is not due to any problems. I live round the corner and see her every day, take her to doctos appointments dentist ect. My aunty works in my daughters school and she takes her to school on a morning which is just suitable and more of a routine for my daughter. I have an older daughter who is currently In foster care. This had no involvement with my younger daughter but social services went to visit my aunty and said everything was fine she was well looked after and knew that was where she lived and she knew my house was her mams house, they even checked with the school who stated her attendance was 99% her performance and appearance where of no problem. But now tha are saying to me that because my aunt is my aunt and only my daughters great aunt I have to let my aunt privately foster her which isn't a problem for me but my aunty also lives with my nana who is old and in ill health so she doesn't want to go through the process of having people coming and going assessing them and letting them upset my daughters life. She thinks her sister is just away with friends at the moment because we don't want to upset her and she will be returning to me soon anyway. I have spoke to a solicitor who said it is going to cost near to a thousand pound to go to court for a guardianship order which myself or my aunty cannot afford or get help with off the authority so I basically wanted to know if there is anyway I could get a mutual agreement drawn up to give my aunt that responsibility without going to court. Please help me as soon as you can. Thankyou for your time
LawAndParents Editor 13/02/2015 at 1:53 pm
@N/A - no, it's quite common and normal for the actual parents to be placed on emergency contact forms and not the step parents.
N/A 11/02/2015 at 2:53 pm
Hi I'm Leah
I am married with my husband which he has 2 sons from his ex which I don't have any problem at all in the first place.
But now it seems like his ex don't want me to get involved in her sons life which is impossible because they have a shared costudy and they live in with me and my husband house 1 week routine.

In my concern she called the school now to take my names out the children's form but I think it's totally wrong because my husband is working and she is working so what if there is an emergency happen to the children and of them are unable to contact so I guess for the child benefit my husband should have the rights to put my name in their children form.

And I never ever thought about taking her place as their mum.
And she is manipulating her own children which is not correct for the child's.

Now she is angry with me because sometimes her children wants to spend some time with me and she don't like it the children's are very closes to me and they respect me as their step mum which I'm proud of.

Please anyone can help me how to deal with my husband ex.
LawAndParents Editor 13/02/2015 at 10:04 am
@trace - The same procedure will be followed. You will be given the chance to state your own position and why you feel you should have custody. Let the courts and your ex know if you are willing to consider shared residency as an alternative. This article gives more information about the procedure.
trace 10/02/2015 at 3:38 pm
hi can you help advice needed the childrens dad is taking me back to court to try for custody i was awarded it in 2005 so what should i expect
LawAndParents Editor 12/02/2015 at 2:25 pm
@amy111, you should speak with social services for advice on this. Your friend also needs to be aware of the dangers to the baby (of taking drugs while pregnant).
amy111 10/02/2015 at 5:28 am
Hello can anyone help me?
I live in the UK, I have a friend who is 5 months pregnant and is taking drugs. She has recently asked me if I can bring her child up and she will sign her rights to me as shes not in any fit state to look after a child. Where do I stand with obtaining rights for the child? The mother is very willing to sign the child over, any information is much appreciated. Thankyou
LawAndParents Editor 29/01/2015 at 2:40 pm
@micky. If you feel your son is in danger when he visits his father this is something you should address with the police and the courts.
micky 27/01/2015 at 11:19 pm
Hi I have split from my son dad nearly 3 year ago now I have brought my son up on my own when he was 6 month old n I have gave his dad chance after chance but everytime I get my son back from his dad he come out with bad language and he was in a bedtime routine but he has come out of it he will not sleep in his bed because he said they is monster in his room but his dad watches horror movie in the same room as my son when he has been asleep. His dad was living with his mum so I would sent my son they because I knw hw was safe but now he has movin out andheis living with this lad n lass but I dunno who they are and I will nt sent my son they because I am thinking of his safty but his dad is saying he can take my son where ever he wonts and I cant do anythink about. Plz can some give me abit advice thank-you
Sammy 09/01/2015 at 10:40 pm
I was under social services and living in horrable environment including DV drugs(not me him) and him getting in trouble with police, I developed anxiety/depression witch wasn't diagnosed until after it all happened. I eventually got away from the situation when social services had applied to court for my mother my boys nanna was given a resedency I am looking after my children basically single handed still but under my mothers roof she isn't in the house 4 days a week and it has been over two years I have moved on with a man who has a job has took my children on as his own we are engaged and happy the children are happy with us he doesn't live too far away but he doesn't drive so getting to my house inbetween work is becoming a joke we want to move on and live on our own with the children but how do we do this as the resedency order is with my mum and she claims the money for them I'm trapped here now because of a mistake of not getting away a lot sooner, she won't want me to move out because she has an obsession with money and iV become her babysitter for my 10 year old sister while she is with her boyfriend, I was told by social services to not bother applying to court for resedency back until I have been living on my own for a year but I can't move out until I have resedency back because of I do who is going to look after the children of no one is here? Please help
LawAndParents Editor 07/01/2015 at 10:55 am
@Chez. Unless he is subject to some kind of social care, at the age of 24 he can choose who he lives with/looks after him.
chez 04/01/2015 at 4:30 am
Hi I'm 35 and my nephew is 24 my sister passed away a year ago and my nephews dad doesn't care less about his son so I have spoken to my nephew and he would like me to become his legal guardian because he has dyslexia and needs the help care and support he isn't getting off his dad his dad only cares about money and himself so I would like to become his legal guardian for this one reason I am taking care of him now have been since his mum died
Ainsley9111 28/11/2014 at 10:07 pm
Just want to know my mother in law as an sgo on my little boy and hes getting christned next month do i have a say in who is god mothers are???
indi 24/09/2014 at 3:57 pm
Hi my parents have a sgo of my children this was done thro thr courts they have had it now for 2 years now me and my parnter would now like them to live with us my children love my partner like a mother we went to see a solicitor about going to court to have them in are care but he said that if the guardian was inagreement and all is happy then the children could return to me without the courts invovlment is this true can the guardian of my children decide where my children live
Nina Hawkins 11/09/2014 at 12:45 am
My grandma has legal gaurdianship of my sister who is 25 years old. The house is falling apart no running water, no heat and dirty adult diapers everywhere. Plus cat feces. She is also mentall abuse to my sister. My sister has seizures and has learning disability. Finally got social services involved took a couple years. They went out talked to my grandma and said they would get my sister out but it would take a week to do so. My grandma is now threatening to put her in foster care instead of letting her come stay with me. I have let my sister stay with me many of times even for a 7 month time period. But my grandma got mad that my sister wanted me with her for surgery and not my grandma. My grandma has major temper and helps over everything. So I don't blame my sister for not wanting her there. When I'm around I calm my sister down to prevent or end the seizures faster. If they are taking her away from my grandma can my grandma refuse for her to come to live with me????
frecks 20/08/2014 at 12:59 pm
I gave rights to my gf parents to have guardianship of my daughter as i am under 18 n mother of child only 16 bbt i am being retsricted access how do i stand legally as i have had my family slandered so they have no access rights at all and i want her to see me and my family. I want her to be with me soon as im working bt i dont know how to get her. I looked after her every day for time but since me n my girl split iv had irratic access and the parents are trying to say its me but iv provwd myself and have constantly asked to see her but always an excuse. Pls help
cliffordsmom 24/05/2014 at 4:39 am
I work in a hospital that is now changing the guarantor (person responsible for the hospital bill) to the guardian's name for all adults (people over 18) who are considered vulnerable adults with legal guardians. Is this okay to do? My understanding of the guardian's job is to oversee their ward's medical treatment, and bill paying, but it doesn't seem right for the guardian to be responsible for the bill as guardian. This literally is putting the hospital bill in their name... Am I right in thinking this is wrong?
Bazif1991 02/03/2014 at 4:51 pm
Hi 18months ago me and my parents had an agreement to have my daughter so I could make a better life for us in Spain.. Now iam settled and can support us both..
I want my daughter with me, my parents refuses to give her back and lied to there lawyer and said I left her and never wanted her now they gave applied for a residence order!!
What can I do I want my baby back :(
Uk..
Froglet79 23/02/2014 at 5:55 pm
Hi
My now ex husband left me at 7months pregnant my little lad is now nearly 3 and since he left he's made my life a constant Missery. I've been to court 9 times in total to sort out custody issues and the Financial settlement. I am now poorly and just wanted to know if I can make someone else a legal guardian for my son. Whilst I understand my ex husband has parental rights he would stop my son seeing my mum and all of my close friends as he's just nasty. So I wanted information on the possibilities of someone sharing my sons reasponsability incase anything happens to me and my little lad could still see people who love him and he loves. Many thanks for any advice.
dad 06/12/2013 at 5:37 am
question I have legal guardianship thru the school system. the mother of the child got in to a fight. now the mother wants to pick the child up in the morning ,not let her go to school but make her sit in a car with no heat no bathrooms or food for 8 hours when it will be34 out side in Houston .what are my rights to stop this.
rudy1 19/10/2013 at 4:25 pm
its a question im on benefits I have three children of my own and my brother as gone to prison.we don't yet know how long maybe 2 years plus is daughter is 17 years old her and her mum never got on and she lived with my brother im caring for her and finding it so hard as im not getting any help with benefits she lives in the flat that is her and my brothers home and no bills have been paid as I have no money for her the council will continue to pay the rent as she just started college will it affect my and my childrens benefits than I get im also a lone parent am I entitled to child benefit and tax credit for her without it affecting my benefits.
Brooky 10/10/2013 at 1:23 am
I have just got residence order of my 7yr old great nephew, can I take him on holiday with out permission from the authorities !!!!
Bigmama 01/10/2013 at 1:29 pm
We are grandparents who have legal guardianship of a grandson who will be two years old soon. DEFACS urged the parents to sign the papers for legal custody. The bio mother thinks she should be able to come to our home any time and stay as long as she wants to. The parents also think they should be able to take the child off and stay as long as they want. We have certain times twice a week for visitation for the mother but she doesn't want to abide by that. Where can we legally draw the line about visitation and our rights as legal guardians? Our son lives at home and is not married to the mother but still involved.
chel chel 03/08/2013 at 8:46 am
we have had a guardianship of a young lady from14mths of birth till now (13). To be nice birth mother has wanted nothing to do with her except when she want to create problems as my husband has to older children with her. She is mentally ill, and has 6 children with 4 different men. She has either gave away all her children at a certain point (family mostly) and in regards to us gave us the child she had with another man (in prison now till 2032). Because of the ties she had with my husband and their children she has remained a "thorn in my side" all the years of the children they shared. They both are adults now but we still have the 13 yr old. The birth mother has verbally, emotionally attacked the child over the yrs when we did allow her to visit. There most recently has been a major attack at a baby shower we all attended, from birth mother to child. MY question is this, an issues has arised with social media on behalf of our guardian child, once recognized we as guardians/parents took matters into our hands and begun the necessary actions that we felt are to be done. Birth mother heard about the issue and created this big issue on how we should handle it. We are doing whats best for the child, and handling it as each day progresses. Our responsibility to the child is at heart. Because we are not doing what birth mother says or how she has made threats and most likely taking us back to court to AGAIN, retain the child. She will not have the child live with her as the birth mother is not mentally able. She just wants things her way (which are not even in the best interest of the child) she will send her somewhere who know where. Birth mother is spiteful, hateful, awful and again has not raised any of her children. She has had CPS involved, with the last of the children (8). I am preparing for a FIGHT, Again, we have been awarded this child twice, isn't that enough for any judge to see. We are good people, we both work, have a nice home, provide to all our children, etc,etc, I'm on the internet continuously searching for advice and getting all my plans in action. I just need some guidance, We don't have lots of money for lawyer, been looking. Birth mother lives off a trust and can afford a lawyer, and she knows we cant so thinks she has advantage. Please if anyone can advise, direct, help please do. we are located in Tempe, AZ I am not just a gurardian to this child I am her mother...... I guess you can say third time a charm as this will be the third time going thru this.
Yuna 26/04/2013 at 1:41 pm
I am a Chinese, and have just got Tier 1 entrepreneur visa. My friend's son who is 14 years old will come to UK in September 2013. May I know whether I can be his guardian?
Please Help.
charlie 06/04/2013 at 11:48 pm
i have a son thats 28 me and my husband are gaurdians of him we had to put him inthe hospial hes bipolar we put in in a facility and hes not happy there plus its very full he went to the hospital with racing thougts plus he thinks hes not been treated right what rights do we have ?
drissydoc 03/04/2013 at 1:17 pm
I sent a question in yesterday but I think I forgot to tick the "Notify me by email box" when I sent it. is it too late for a reply to my question or do I need to submit it again?. Am I expecting a reply to early,how long does a reply normally take?.
drissydoc 02/04/2013 at 5:33 pm
My partner and I have have a residence order for her 9 yr old nephew. The child's father is a lone parent who has long term alcohol and drug problems. He attended a alcohol rehab centre last year when his son first came to us, however he has since relapsed and refuses to engage with any professional or voluntary organisations, and says that has no intentions of re-engaging with anyone. The plan was, that he would become drug and alcohol free and get himself sorted out in about 18mnths to 2 years. Its now been a year since these plans were made and apart from the rehab, he has made no effort to show that he wants his son back. He has supervised contact every week end and during school holidays.
When challenged about his.plans to get his son back he flies into a rage and becomes very verbally hostile and aggressive ,making wild allegations and threats against us. he says that he can take his son at any time he likes and there is nothing that we can do about it. Quite honestly we have just about enough of it. We feel that as long as we have his son then he has no incentive to get him back and we are enabling his his actions. what we would like to know is : Can we give up the child to him and then inform social services of our actions or should we discuss with social services first prior to taking action?. We are reluctant to discuss with s/services first because we know they will put pressure on us to keep the child because of the residence order. we do not have the funds to go to court to have the order rescinded. What are our legal rights. what options do we have to resolve this problem
tammy 23/02/2013 at 1:54 pm
can my sociail worker and my sons kinship carer enroll him into nursery without my consent, i still have all my parental rights to my son
Ibe 30/11/2012 at 10:06 pm
I came to the UK on students' tier 4 visa to study on a Phd programme on study leave from my employers in Nigeria. My wife and children (Boy-16years in year 11, a girl-13years in year 9) joined later as dependent relatives. My wife and I intend to go back to Nigeria after my studies in 2013 but my children wish to complete their education here in the UK. We live in Exeter and my relative/friend in Romford has accepted to live with them until the finish their schooling. Is it possible for me to appoint this relative/friend of mine as a voluntary legal guardian for my children while my wife and I return to Nigeria at the end of 2013? If this is possible how do we go about it?
Thanks a lot.
Ibe
justme 11/10/2012 at 9:20 pm
Someone please help, i have the worst ex boyfriend imaginable, leaving me at 3 months pregnant, defaulting on out joint mortgage, maxing out our joint account to go out with his friends and thats not even scratching the surface.
My concern is that right now he has just moved in with his gf of 5 weeks and im not comfortable with this, we always had an agreement that if we were to meet other people that our son was to be kept out of the relationship for min of 3 months thus no confusion, the thing thats worrying me is that now he thinks he is in a stable relationship can he win custody of our son, i cannot lose him he is my world along with my daughter.
Sham 19/09/2012 at 7:30 pm
My Uncle came to England on skilled work permit as a chef for 3 years about three and half years ago His wife and two children now 5,and 4 joined him a year later. One more child was born here 10 months ago. About 3 months ago they all went to Belgium as refugees and were in a open refugee camp. While they were there his wife was murdered, he is in custody as a suspect, all 3 children taken by Belgium social services. We found about this incident 3 weeks after the incident via newspaper article in Belgium and got in touch with social services and his lawyers. They both got a letter of authority from my uncle authorising myself, my wife, my brother and my uncle ( his brother), as we were in Belgium to bring them to England and look after these children. Belgium social services gave us a letter authorising us to takeover the children from them to take them with us to England. As the only family of these children, we had to look after the welfare of these children. We drove back to England without any problem through Eurotunnell . Two of the children were going to school before they went to Belgium.
What is the process to becoming long term responsibility of these children. Do e get in touch with the immigration solicitor as their parents were Bangladesh citizen first or do we get in touch with a family solicitor or the social services. The children are very happy to be back with the familiar surrounding environment with the family. Please help.
jo 13/09/2012 at 3:20 pm
Following a long legal battle and a bad divorce I have gained residency of my 3 and 4 year old, they have always been with me but it provided security for me knowig dad could not take them out the contry and had to stick to times and dates for contact. My marriage ended due to domestic violence and so not only am i still frightened of dad but talking to him is impossible.

I changed my name back to my maiden name my little girl calls herself my name as she wants to be the same as mammy. Can I change the childrens names without dads consent he has PR. If not is it against my court order to have the children be known as my name and on all legal forms be his? Please help
Bill 31/08/2012 at 6:25 pm
When we divorced we had a consent order which detailed my two children remaining with thier mother with monies provided to her benefit and voluntary payments from me in the first four years which was then changed to payments via CSA. Two years ago my then 11 year old son asked to move in with me and this was supported by social services. No change was made to the consent order and no financial reparation in my favour was made. The last two years have been hell and his behaviour is now affecting my health and ability to perform my job, he has repeatedly asked to return to his mothers, she has refused to have him back. I have dropped him at his mothers for the last week of holidays and informed her and social services that I will not be picking him up this Sunday as planned.

Social services have phoned me to say my wife intends to be at our pre arranged drop off point and will leave him there, they say if she does both of us will be arrested for abandonment. Can this happen?
Elinor 26/08/2012 at 1:42 am
My daughters father decided when she was 3 that he didnt want to be in her life anymore. She is now 8 and i was wondering if he still has any say in her changing her surname. Her dad is on the birth certificate but as i said, he has told the courts that he doesnt wish to persue contact. Is there any way i can have my daughters surname to be the same as mine?
Shhh... 13/08/2012 at 9:49 am
Can my mother change my surname without my permission ? ( I'm under 16 ) If so how can I prevent my surname being changed ? I have not got my biological fathers surname ( I have got my mothers maiden name ) and have not had contact with my father for 6 years now, would my mother still need his permission to change my name, I really don't want my name to be changed.... PLEASE HELP !
prissypot 09/08/2012 at 10:28 pm
what if the real mother wants him back and I don't she should have him because she hasn't had any to do with him for 41/2 years

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