Aunty in need of help

[Bexsley]

Hi all,
Am an Aunty of 4 beautiful children, 2 nieces and 2 nephews, all 4 of them are in foster care, the 2 girls together and the boys separate, when SS decided the children should go into care I was asked if I wanted to be assessed to be main carer for my nieces and youngest nephew, unfortunately for reasons decided by SS I can not have my eldest nephew as well (this was not an easy decision to make I love them all) this all began the beginning of this year. I have tried to support my sister to get herself back into gear to have the kids back, however this has not worked, she is good and attends contact and court etc.

My youngest nephews father has also put himself forward to care for his son, this seems great, my worry, I don't know him, this is splitting up the children further, his mother would be mainly caring for my nephew while he's at work, my nieces will be apart from their brother, although SS don't see this as an issue! As it is not affecting them at present (so they say!) no thought to the future affects, his father has also lied on a few things to SS, but I feel this hasn't been looked at properly when raised.
Anyway my questions
1. If I needed a solicitor would I get legal aid or funds from SS?
2. Could I possibly have shared responsibility of my nephews care, if he goes to his father?
3. Could the courts order his father to allow me to have my nephew for contact with his sisters?

It sucks that just because I am not a parent to the kids I don't get a say!

[Bexsley]

When you say they stopped legal aid for family court that I don't understand, as my sister and my youngest nephews father have got legal aid, which am sure is down to the fact SS are involved.
As for the father the issues I say he lied on are the ones that flagged up on his assessment as to watch out for by SS, he's not been truthful, I don't even know if I can approach him, and as for "normal" families that has never been the case with my sis and her children, myself and rest of the family have all had to be parents to the children all thier lives, so not that am trying to be awful to my nephews dad but I've been in my nephews life since he was a dot in his mums tum, just feels unfair that he can step in and potentially take all that away, I don't want to be having to fight all the time to see my nephew and his realationship with his sisters shouldn't be hindered

[Useyourhead]

Hi there

You only get legal aid if you are parents and its child protection issues as I understand it - anyone else has to pay for legal representation.

We are 'litigants in person' - ok if you can get your head round the legal stuff and you have the gumption to stand up in Court and put your side over in front of the 'people who know their stuff' - though imho, they don't always know best, and lay people see things much more clearer!

There is by far too much red tape and too much legislation to adhere to - and BY FAR too much/many rights given to parents who have no idea or no real care, just rights in some situations - its all wrong - its peoples lives that are being played with and its horrendous whats happening in this system nowadays!

[Suzie, FRG Adviser]

Dear Bexsley

Welcome to the Family and Friend's discussion board. My name is Suzie, one of the Family Rights Group's online advisers.

Parent's have an entitlement to public funding in public law cases, or when the Local Authority are taking them to court. However, they are not normally entitled to legal aid or public funding for private law matters except in cases where there are child protection or domestic violence issues, for instance.

Likewise, it is increasingly difficult for family and friends carer's to obtain public funding except in exceptional circumstances but you can check in our child arrangement order advice sheet pages 20 - 21 specifically about this question, but the rest of the document gives detailed advice about your options if you are considering applying for contact in its various forms.

Alternatively, you can ask a solicitor who accepts public funding to assess your eligibility or contact the community legal advice line directly.

I hope this helps.

Best Wishes

Suzie