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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32824
Experience:  Award winning lawyer with over 15 years experience
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Customer Question

JA: Hi. What do you want help with?
Customer: I want to see if I can gain custody of my grancchild
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My daughter in law and son are married . Both have problems and they are breaking up . There is great instability for the child and for the last 6 months they have all lived with me. The child was not thriving and frequently neglected. I spoke to Childrens services twice but they never got back to me. The child has made huge improvements since living with me however during this period her mother decided to go abroad . My son and I cared for the child and she improved further during this time. The mother has now returned and today threatened to take the child out of her new school as we have moved whilst she was away despite the fact she wants to stay with us and we are letting her stay. In short both parents have been and can be erratic , inconsistent , neglectful and have been violent to each other. Watching this has been very painful and seeing the impact on my granddaughter has been awful. As they are now formally splitting it is more worrying as she has threatened to take the child abroad to her own country and fails to cope alone , so her sitting in a flat alone with a 5 year old will bring great concerns. This is a mere nutshell of what is happening. In the meantime my granddaughter lives with me and my husband and we are the only constant and secure parenting figures she really has. I am loathe to have a costly court battle which none of us can afford. Hence why I need advice.
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: No
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Submitted: 5 months ago.
Category: UK Law
Expert:  Thomas Judge replied 5 months ago.
Let me see if I can help and please rate positive.You would need to make an application to the court for a child arrangement order. The court looks at the welfare of the child as its paramount consideration and as such if you are providing the best care then the court could very well order that the child lives with you rather than a parent. There is caselaw supporting this proposition. I would also suggest that you apply for a prohibited steps order to prevent her from removing the child from school. I attach herewith the relevant form - is an excellent book on the subject on amazon which talks you through this difficult area of law for about a tenner - would be delighted to answer any questions but please rate positive. Thanks
Expert:  Thomas Judge replied 5 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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