Need advice on rights

[cocoflower123]

Hello, can my daughter write a letter to sign over her baby to me and my husband. She is happy to write that she is giving her custody and happy to sign. Social service have deemed her not fit to care for the child. We already have a SGO for her son already which we are applying for this one once it’s born in June.

[Robin D]

There is nothing to stop her writing it, but whether it would carry any weight legally is questionable at best. Not an area I have come across, but I do not think legally anyone can 'give away' Parental Responsibility (PR) to another. Even if it did carry any legality, a court is, I suspect, unlikely use it on the grounds that if she is that close to term, and faced with losing the child anyway, her reasoning is likely to be adversely affected. She could of course write a note to the social worker or their manager, expressing her 'wish' that you take care of the child, but ultimately, if the child is removed from her care, it is Children's Services, or possibly the court, who will take the decisions. That said, they should of course look at placing within the family as a priority, and if that can be with the new child's sibling, that has to be taken into consideration.

Are you in communication with Children's Services, and are they aware that you daughter has told you her wishes?

You might also try to see if the local authority have started proceedings in court? If so, you may want to consider making an application to become party to proceedings as you clearly have an interest given you have care of the older child.

[Suzie, FRG Adviser]

Dear cocoflower

Welcome to Family Rights Group kinship carers’ discussion forum and thank you for your post.

My name is Suzie, online adviser at Family Rights Group and I will be responding to your post.

You wish to know if your daughter can write a letter to sign over her unborn baby to you after the birth in June. The short answer to your question is no. Although she will be the only person with parental responsibility once her baby arrives and can delegate some aspects of that parental responsibility, she cannot transfer it by writing a letter. Your daughter can express her wish that you and your husband bring up her child, but it would be best for this to be done by a court order as you have now for her other son for whom you have a special guardianship order (SGO).

Since children's services (new name for social services)have assessed your daughter negatively in that she is unable to care for her unborn baby, this suggests that they already have a pre-birth plan in place which could be to make an application to the court for a care order which, if granted, would mean they are able to make decisions about where your grandchild would live. The plan could include an assessment of you and your husband for SGO.

Just to clarify the information given in the post by Robin D, children’s services are not able to make an application to the court before the birth of the baby. If they do, you can ask to be assessed to care for your grandchild. Children’s services do, as mentioned by Robin D have to consider family members as possible carers. If you have a positive assessment for the baby from children’s services, it may not be necessary for you to apply to be party to the care proceedings as the plan would be for the child to be placed with you and your husband. Should you have a negative assessment, then you could apply to the court to be a party to the proceedings and request a further assessment to be done by an independent social worker. Here is information about care proceedings..

You do not mention the father of the unborn child, but both he and his family could ask to be assessed as possible long-term carers for the baby. If there are other family members who would be willing to care for the baby, it might be helpful with your daughter’s agreement to ask for a family group conference. See information HERE

It is important that you speak with children’s services so that they are aware of your wish to care for your grandchild. As they have assessed your daughter and you already have one child in your care, it seems unusual that your daughter would not have mentioned her wish for you to care for the baby so both children would live together. Children’s services as part of the assessment would have asked about wider family.

In your post you say you intend to apply for a SGO if you do apply children’s services would still have to do an assessment for the court even if they are not applying for an order themselves. You are no doubt aware of the process when applying for an SGO. For completeness you can refresh yourself with the information relating to special guardianship assessments in care proceedings , private law proceedings and about support

I hope you find this helpful and should you wish to speak to an adviser you can telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (except Bank Holidays). There is also a live webchat with an adviser through our website.

Alternatively, you can post again if you have further questions.

Best wishes

Suzie

[Robin D]

Just to clarify the information given in the post by Robin D, children’s services are not able to make an application to the court before the birth of the baby.

Every day is a school day.

Please accept my apologies for posting inaccurate information cocoflower.