residency

[maggs1703]

i have hust posted in criminal by mistake so here goes i have full residency of my grandson but my daughter says she is going to have him back does she have to take me to court for this - she has just been convicted for neglect i was willing to help her get him back but she is still not putting him first and now she has got the conviction, just need to know if she can do this many thanks

[Pippa68]

If there is already a court order in place stating that the child lives with you then yes ~ your daughter will have to go to court and apply for a residency order.

Hope this helps :o)

[maggs1703]

and if this happens will the fight begin so 2 speak even though she now has a conviction for child neglect??? i just don't know we only want what is best for my grandson thank you for your reply

[maggs1703]

and i am sorry but what would her chances of getting hiom back be ???

[seatrout]

The courts primary consideration in any childrens case is the welfare of the child. If she has a conviction for neglect she will have an uphill task to convince a court that the child would be best with her.
I think a court would have a great deal of sympathy and understanding of what you are trying to do

[Pippa68]

Courts are usually very reluctant to change an order ~ unless in extreme circumstances.

I would assume that your daughter wouldn't have much of a chance, however much it is her right to try and get residency.

The court might grant contact (if they haven't already) which may be supervised. Do you have a solicitor?

[Stu Dent]

'Parental rights' is something of a myth. In fact, the courts are only concerned with the rightsof the child.

All things being equal a court would wish for the child to be with it's mother, but if the mother has failed to care for her child properly, the child will be placed in the care of someone else who can better meet the needs of the child.

It's a balancing act but from what you have written, it would seem unlikely your daughter would succeed in an action to gain a residency order.

[Pippa68]

Stu Dent, I meant that it is the daughters right to apply for a court order ~ whether she is successful or not is another matter ;o)

Mr Pippa has been to court quite a few times regarding contact/residency of his daughter. As the judge has specified to Mr P's ex wife...it is his right to apply for variation if he wishes.

However you are of course correct in the fact that the childs welfare is paramount ~ and it is the childs right to be cared for, and have contact with, a parent or grandparent if they are deemed fit.

[Reverandfunk]

what happened to a reply Pippa lol

[maggs1703]

i would like to thank you all for your answers i do have a solicitor but when i gained residency the case became closed the order does state that she have supervised contact but at my discretion i will however if things start to get sticky go back and get proper access sorted but i really still do not think my daughter realises the seriousness of this however she will have a fight on her hands unless she can proove with out doubt she is able to care for her son completely you see she still chooses when she wants to see him but his father sees him without fail every week i knew it was going to hard but naive as i maybe am i didn't think iot would be this hard but it is about a little 3 yr old boy who needs to be safe. again thank you

[bananie]

she would have to apply to the court for a change in residency, however, you would be best placed to show you are willing to facilitate contact with his mother, this will show you in a good light and show that you are not vexacious , i.e. that you are not withholding contact for nasty reasons. it is always best for children to have contact with parent/s even if they are no the best people. at least then they will not accuse you of stopping them from seeing them when they are older which is a natural thing for children to do when they grow up .