THE SITUATION
Twelve-year-old Chris and 10-year-old Karen are currently living with their maternal uncle Martin after their birth parents divorced.
Although there are no restrictions in place, the children's birth father has not attempted contact for almost four years.
The children's birth mother has mental health issues and has been unable to look after them for nearly two years. Martin has been the sole carer for the children during this time.
Martin is now keen to take on parental responsibility for the children and believes they are happy living with him and that it would be best to give them stability both at school and for their general wellbeing.
Martin says he wants the children to have a positive relationship with their mother but both the mother and he believe the children would be better off remaining with their maternal uncle for the foreseeable future.
What would you do?
Claudia Megele says:
"Martin may seek a residency order, a special guardianship or an adoption order. However, an assessment should be carried out to determine the best interest of the children and the way forward.
The children must be the focus of this process, to ensure their preferences and best interest are met. Hence, when seeking their opinions, the social worker should explore the meaning of adoption or special guardianship, as need be, in an age appropriate manner with them.
Assuming the mother does not lack mental capacity, her consent and opinions should be sought and considered. The social worker must ensure that the mother is fully aware of the possible outcomes of this process and their consequences. The mother is particularly vulnerable and may need an advocate.
"The court will seek a social work assessment and in this process the children’s birth father will be contacted. If the father has parental responsibility and disagrees with Martin’s intentions, it can complicate the situation. This can lead to friction and problems between the parents which can affect the children quite negatively. Therefore, it is important to exercise caution and ensure that there is appropriate emotional support in place for both the children and their family.
The father may also decide to re-establish contact with the children and this can raise new positive or negative risks and emotional elements."
Claudia Megele is an author, social worker and psychotherapist. She is also an Associate Lecturer at the Open University.
