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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32961
Experience:  Award winning lawyer with over 15 years experience
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My 2 grandsons are on an sgo with a girl i uesd to. She wont

Customer Question

my 2 grandsons are on an sgo with a girl i uesd to foster. She wont allow me access, but i have heard from another family member that she is going to let the older one live with his father. The younger one is very unhappy and when the sgo was made it was so they could be together (they have different fathers) Can she just do this? if so, what chance do we have of getting the younger one into our care? We lived abroad and SS said we couldnt be assessed
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas Judge replied 1 year ago.

You do not necessarily have to pay a fee to go to court for contact. You are allowed to apply for a child arrangement order to spend time with the child/ren. You would need to make an application after mediation (MIAM) and then the court would consider firstly that you are allowed to make an application and then the application. You can apply for the child/ren to live with you although if she has been living with the SGO for some time then the court would need a compelling welfare issue to consider a change in where the child lives. You do not need a solicitor to make the application.

Follow these steps to apply for a court order.

  1. Read the guidance - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf

  2. Fill in the C100 court form

  3. Send it to your court.

It costs £215 to apply for a court order.

You may be able to get help with court fees if you’re on benefits or a low income. I would be very happy to discuss. Please remember to rate positively for me - thanks

Expert:  Clare replied 1 year ago.

Hi

Thank you for your question and for asking for me.

Before I can give a detailed answer I need to know how old the children are and where their mother is

When did you last see the children - and what contact did you have with them in the past

Clare

Customer: replied 1 year ago.
the boys are 8 and 10 their mother (my daughter) had a mental breakdown and was sectioned after her husband beat her badly. She now lives with me, but also spends time at her brothers house.I have not seen the boys for over a year, and saw them about 3 or 4 times a year (i lived abroad) but my 2 sons had weekly contact with them from birth and have now not seen them either for over a year.
Expert:  Clare replied 1 year ago.

What contact does your daughter have?

Expert:  Thomas Judge replied 1 year ago.

Is it your plan to live in the UK? What do you want to achieve?

Customer: replied 1 year ago.
she sees them in the school holidays, so 6 times a year
Expert:  Clare replied 1 year ago.

Is your daughter's relationship with her husband now at an end and has her mental health improved? if so has she considered asking for more contact?

Expert:  Thomas Judge replied 1 year ago.

Excuse the interruptions from my colleague, what are you trying to achieve from any order?

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