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Sister as guardian

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  • 17-09-2014 11:29am
    #1
    piii_i
    Registered Users Posts: 2 ✭


    Hello,I am in the corner and don't know what to do.
    My mother remarried and they had a child. Then two and a half years ago she was committed to mental hospital. This triggered for social services to visit home - a routine I suppose. My stepfather is an old school guy, which means that men work and women do everything else including raising children. So, when social services visited they witnessed that my stepfather is incapable to care for my brother and put an emergency care order (ECO) and put him in foster care.
    Fast forward 6 months and my mother committed suicide. month after that - my stepfather regains custody of my brother. Year forward and I discover in casual conversation with my stepfather that my brother isunder ECO in foster care again because he needed some rest. I have been in contact to social services to see if i can become guardian but they seem not pro active about it.
    The trick is - i moved from ireland to uk three years ago. And social services keep saying to me that they cant contact me unless i contact them fist because it is a private family matter.
    Every time by brother is in foster care i find it out really late and every time i tell them that i want to be his guardian. I have askedsocial services if i need to do anything to move that forward, do i need to be vetted etc. They always say no and that they have putted note in their folder. The first time when my brother was in care i wrote a document stating if my stepfather is deemed incapable to look after him i apply for guardianship. And now that social services say that paper in invalid because that was different care worker at time.
    Please can anyone give me advise how to proceed. I am sick to my stomack that my brother gets pushed arund so easily to strangers when his own sister wants to be guardian but never is contacted.
    I am complatelly broken, can't sleep and have nightmares. This can't be going on , it's been already over two years now.
    Tagged:


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    #2
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    You should speak to a solicitor. You can apply for guardianship through the District Court.
    http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/11B55178B0EBE941802577EA003FC000?opendocument


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    #3
    [Deleted User]
    Posts: 1,007 ✭ [Deleted User]


    piii_i wrote: »
    My stepfather is an old school guy, which means that men work and women do everything else including raising children ... I discover in casual conversation with my stepfather that my brother isunder ECO in foster care again because he needed some rest.

    Sorry if this seems like a stupid question but have you asked your stepfather if your brother could come and live with you? It seems he has no interest in raising the boy and if he'd let social services take his son off his hands, maybe he'd let you take him?

    You would need a letter of consent from your stepfather and you could still go down the legal route at the same time, but that would take a long time and, in the meantime, it might be worth simply asking him.


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    #4
    piii_i
    Registered Users Posts: 2 ✭piii_i


    My stepfather will never consent to me taking my brother.
    I wonder if I apply for guardianship through courts like suggested - i will be in tricky situation with social services. Also, financially I can't afford to hire a solicitor and don't think I can get legal aid.


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    #5
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Try FLAC - http://www.flac.ie/ - they might be able to assist. Or contact the clerk of the District Court who may also be able to advise.


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    #6
    RedXIV
    Registered Users Posts: 8,432 ✭✭✭RedXIV


    piii_i wrote: »
    Also, financially I can't afford to hire a solicitor and don't think I can get legal aid.

    If I may point out one thing, this sentence above is perhaps something you need to address. Presumably if you want to obtain guardianship, you will need to prove that you can provide for him. Kids are not cheap. If you cannot get the funds together for a solicitor, social services may decide you have insufficient resources to support the child.

    I hope it works out for you, just flagging this now so you address it before social services query you on it


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    #7
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    RedXIV wrote: »
    If I may point out one thing, this sentence above is perhaps something you need to address. Presumably if you want to obtain guardianship, you will need to prove that you can provide for him. Kids are not cheap. If you cannot get the funds together for a solicitor, social services may decide you have insufficient resources to support the child.

    I hope it works out for you, just flagging this now so you address it before social services query you on it

    Guardianship does not imply custody or ability to support. It just gives a legal right to be informed and/or consent to major decisions about that child. In this case it will mean that social services will be obliged to inform her if her brother is taken in to care. Custody and ability to support are completely different.


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    #8
    RedXIV
    Registered Users Posts: 8,432 ✭✭✭RedXIV


    Orion wrote: »
    Guardianship does not imply custody or ability to support. It just gives a legal right to be informed and/or consent to major decisions about that child. In this case it will mean that social services will be obliged to inform her if her brother is taken in to care. Custody and ability to support are completely different.

    Ah my bad!


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