PR and care order

[Ieuan1912]

My 12yr old Daughter is currently living with foster parents as her Mum was incapable of caring for her. I have no PR as my Daughter was born before 2003. A court case Is happening next Wed and I haven't been told what it is regarding but my solicitor has said I will be able to obtain PR in court the same time. My Daughter wants to live with me, my partner and our 1 yr old Son which we would love. I would like advice on the best way to achieve this once I have PR and what would be my rights then with contact as at the moment She can only stay with us for 23 hours a week (even though she has always stayed every full weekend and school holiday prior to this situation). Can she then stay weekends? Or even live with us? Do they consider her wants at her age? Any help would be greatly appreciated. Thankyou

[Suzie, FRG Adviser]

Hi Leuan1912

Welcome to the board.

Although you don’t yet have parental responsibility, and are unclear what the nature of tomorrow’s court application is, it all seems very positive that your daughter is expressing a wish to come and reside with you, your partner and your baby.

It seems that the Local Authority have already issued care proceedings, because they have concerns about your daughter’s welfare? If this is the case, the social worker and the Children’s Guardian will be important when the court considers what placements, contact arrangements will be in her best interests. It could be possible for either you or your ex partner to apply for a residence order, as part of the current court process.

In the meantime, if you are offered any contact, supervised or otherwise, make sure you allow this to be the best quality possible, and inform your solicitor of any updates or developments,as this will be to your advantage in any long term decisions that are made.

It is also a good idea to get into a routine of keeping a daily log of any suggestions, ideas or issues you come up against, so you can discuss these with your solicitor when you next meet.

Therefore, work closely with your solicitor to ensure that your wish to have increased contact, shared or sole residence can be carefully considered by all parties. Furthermore, your daughter’s age mean that the court are required to listen to her views before making their final decision.

You may find the following link from our website FAQ's for father's useful to look at for now.

Best Wishes

Suzie

[Ieuan1912]

Thanks for replying, as soon as I have PR I will be applying for residency, my Daughters social worker said they are looking to place my Daughter in care long term as they don't want to split her and her brother up, even though she has said continuously that she wants to live with us. She lived with me for 4 years up until 2 years ago and her brother was in care. I wasn't informed about PR at the time and she wanted to live with her Mum again as her brother went back and I didn't have any choice. It's very unlikely her Mum will ever have them back now as she has proved that she is unable to care for them long term. I'd like to know what the chances are of me getting residency, I don't think it's right her being in care for the next 6 years for the sake of her brother? Thanks

[Suzie, FRG Adviser]

Dear Leuan1912.

Thanks for posting back.

Have you had a parenting assessment recently? Has the local authority carried out a recent core assessment-this is where they look at your daughters developmental needs (including emotional, physical health etc); the parenting capacity of Mum, you and any other carers; It also looks at the family support network and environment.
The attachment to her brother will also be explored during these assessments. For example, can the attachment be maintained by carefully planned, supported and regular contact between your daughter and her brother-if they were to be separated? Or would separation of brother and sister be too harmful?

During the care proceedings, the court will want to ensure that both you and Mum will have had the opportunity to be assessed as parents. If the assessments have not yet taken place, or are inadequate, the court should be asked to consider whether the assessments can be completed during the proceedings. The rules governing assessments have been tightened up recently-to avoid lengthy delays in planning for children. It is therefore extremely important, that at an early stage, you have discussions with your solicitor about any assessment of your parenting. If you think you have not been properly assessed-raise this as soon as you can.

In case the assessments of you and Mum are negative, the court will want any family, friends or people connected to your daughter to be assessed as long term carers as well. Do you have family or friends who would be willing to be assessed?
The alternative –and the option the local authority seem to be considering-is for your daughter to stay in long term foster care.

By the end of the care proceedings-the court will be expected to make a decision about the permanent placement of your daughter-either with you or Mum under a residence order, with family friends or people connected-under a residence order or special guardianship order to the local authority under a care order.
The chances of you getting a residence order will depend on these assessments.

I would like to reiterate my earlier advice about working with your solicitor-this will be a really important relationship as he or she will be guiding you through the court proceedings.
To discuss further and in depth you could call our advice line as well as looking at the advice sheet about care proceedings.
While your daughter is in the care of the local authority-there are certain duties toward her-have a look at Duties to children in the care system

Please post back, if you have any questions.
Best wishes,
Suzie