Representing yourself for Guardianship order?

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Roisin
Posts: 29
Joined: Tue May 25, 2004 8:21 pm

Representing yourself for Guardianship order?

Post by Roisin » Sat Jul 06, 2013 8:40 pm

My daughter, L, is applying for SGO for her niece, G, 2yrs old, my other daughter's child. She has been through extensive assessment which was all positive. G's Mum, S, is in agreement with her sister having G. She was awarded a £500 payment direct to a solicitor to get a solicitor retained to represent her, while waiting for legal aid. All was going well until we find that she is on wrong kind of benefits to get legal aid. She might have still got it, and had support of SW, until the child's father suddenly appeared in court after no contact with his child in all of her life. He is now applying to have G, with the plan for him and his wife to bring her up. He has 3 kids under 5yrs, and one only 6 months younger than G. Judge decided that he has human right to apply despite previouls written statements saying he wants nothing to do with G. SW have now suddenly withdrawn their previous support for G's aunt to care for her and are now focusing on the father. He is not on birth cert and has not applied for PR. He said he wants to wait to "see if he gets her" before applying for PR.
my daughter is now faced with maybe having to represent herself in court. She is willing to do this but needs advice. She was at the birth of G, and has cared for her for 8 ms out of her 2 yrs, under the request of SW's. G & her mum, S, have been in a family foster placement until the court hearing last month where G's Mum gave up her fight for her daughter because she realised that her sister would offer her better care. Also because she was expecting another child in about 8 wks, S has now had that child and is in a seperate court proceedings regarding that child.
is there any advice for L in representing herself. L had a previous history of depression and this was viewed as not a problem by SW's until the father came into play. L ticks all the other boxes on the welfare checklist, and has a very real strong bond with G. She has contact with her weekly. (G's Mum ony has fortnightly supervised contact)
Any advice please?

Roisin
Posts: 29
Joined: Tue May 25, 2004 8:21 pm

Re: Representing yourself for Guardianship order?

Post by Roisin » Sat Jul 06, 2013 8:51 pm

Just realised that my previous posting was registered. I thought it hadnt gone on the forum so repeated it. Sorry.
Has anyone any experience of representing themselves in court regarding SGO?

Roisin
Posts: 29
Joined: Tue May 25, 2004 8:21 pm

Re: Representing yourself for Guardianship order?

Post by Roisin » Sun Jul 14, 2013 1:53 pm

Hi Irene,
Yes would be better if my daughter came on here, but having internet problems, and I have been helping her to get everything together for the case. It is next week and all papers have to be in for weds 15-7-13. She had intial advice from solicitor but not allowed to represent her until legal aid was through. Looks like she wont get LA now anyway. Time is running out. We just need advice on what she is allowed to do or not do in court. She has her statement, but is she allowed to ask anyone anything, or will she just be allowed to read out her statement. Will she be asked questions y the solicitor? She was made party to the court, but we havent been told what else to expect, as last court case, the solicitors did all the talking. I will be in court with both my daughters there, but just wanted advice on what to expect.
Thanks for any help.

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David Roth
Posts: 2021
Joined: Thu Aug 10, 2006 11:14 am

Re: Representing yourself for Guardianship order?

Post by David Roth » Mon Jul 15, 2013 10:10 am

Hi Roisin

I would strongly recommend that your daughter download and read our advice sheet 19, available (with all our other advice sheets) here: http://www.frg.org.uk/need-help-or-advice/advice-sheets

That particular advice sheet provides a great deal of information about special guardianship, and includes a section of advice for people who are acting as litigants in person. At 65 pages, it is one of our longest of advice sheets, but it does include a lot of useful information, including what forms your daughter will need to fill in and where she can get them. If she has any queries, she may find it useful to call our advice line - it is a freephone number 0808 801 0366, open Mon-Fri 9.30am-3pm.

Many of the family and friends carers posting here have had their own experiences of the family courts, like Irene, so I am sure there will be others who have tips for your daughter about the proceedures.
David Roth
FRG Policy Adviser

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