Guardianship for children, mother mentally ill

B

bond-007

Registered User
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I am asking this for a friend.

My friends mother was committed to a mental hospital as an involuntary patient a few months ago. She has 4 minor brothers and sisters that the state want to take into care. The father died several years ago.

Questions: Can my friend apply to the courts to be made guardian of the minor children? Also can the mother make her guardian?
 
hi,
im sorry your friend has found her/himself in this position.
I dont think the mother can appoint them as a guardian as she is mentally ill, but if your friend applies to the court as a matter of urgency to become a guardian they may be granted guardianship.
He/she needs a solicitor asap, the social services are going to apply for a care order more than likely.
 
I have good friends who experienced this exact situation 20 years ago.
Just to tell you how they got on.
The were cared for by the elder siblings (teenagers) and the neighbours.
Their mother improved and had episodes on and off but nothing so serious again.
They all did exceptionally well as adults. Professionals one and all, including one social worker. There mom is elderly now and they are all very close and very supportive of her.

I have looked into being a foster carer in the past and there are some tailored services available...for example being fostered day time only mon-fri perhaps? This would enable the elder sibling to continue at work or college or whatever. I would suggest she consult a solicitor and perhaps ring the childprotection services anonymously and find out what could be done theorectically in this situation.

Personally if I were living near-by I would love to help this family out.
The very best of luck to them.
 

Thanks for that.

Does she have any chance of being made their guardian?
 
Family court will want to do the best for the minor children and will endeavour to prevent siblings being separated if there is a viable alternative to having social services provide foster care.

But a lot depends on the minor children's ages, the age of the eldest child, what support is available to her (other family living nearby, aunts/uncles etc.,). Financial support and housing will need to be considered also.

If I were in this position, I would fight tooth & nail to keep my siblings out of social services; it'll take a damn sight more effort to get them back then it will to prevent them being taken into care in the first place.

So best advice - get a good family law Soltr; put together all the facts that the court will want to see e.g.

Children's ages
School(s) they attend
Any special needs
Any medical needs
How will they be cared for outside school & during holidays
Financial support
Other family support
Age of proposed guardian
Is the proposed guardian in employment? where & what hours are worked

Thats not necessarily a comprehensive list, but it's a good start.

best of luck.
 
Thanks for that.

Question does the state need notice of such an application, or can she make an ex-parte application pending a full hearing? The state has done nothing yet to take the siblings.
 
bond-007 said:
... She has 4 minor brothers and sisters that the state want to take into care...
Click to expand...
I find that hard to believe if there is an alternative.
bond-007 said:
... Question does the state need notice of such an application, or can she make an ex-parte application pending a full hearing? ...
Click to expand...
I believe your friend would have a higher chance of being granted guardianship of the children by working with the social work team rather than, apparently, against them. A family law court judge can / will only make an order when reports from the team concerned regarding the suitablility of the applicant are submitted. I don't believe a judge will make an ex parte order in the absence of the social workers.
 
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