Originally Posted by Tattiexx
Hmm, well my sisters carer, advised that it would most likely be put down as a residency order. Where My nephew Taylor would live with me, but my sister would have all the rights. I woul dhave full custody, she could not take him away from me and could not see him unless I was ok with it, but I thought that be best. At least She can still see him, but I have control over how often so as to not upset him or confuse him. She will still be his mother no matter what, as I would not take that from her, as she is being so brave giving him up.
There are two ways in Scotland: 1.Residence Order
A residence order is a court ruling on where a child will live. An order can be granted to more than one person and can be made jointly to an unmarried couple.
114 Residence orders:
“(5)The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly.
(6)Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave”.
2 Special Guardianship ,according to Adoption and Children Act 2002, section 115
14A Special guardianship orders
(1)A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians).
(2)A special guardian—
(a)must be aged eighteen or over; and
(b)must not be a parent of the child in question,
Both orders can be revoked by the court (on the application of the special guardians, the parent , or anyone else with parental responsibility).