SGO

[alice12]

My husband and I finally got our sgo for out nephew only took 3 yrs lots of court apearances and a lot of hassle from ss. My query is it says only those with perental rights can apply for passport but it also says anyone with parentall rights can block the application my question is have the biological parents lost all their parental rights its unclear to me anyone clarify please.

[Suzie, FRG Adviser]

Dear Alice12,

Welcome to the friend and family discussion board! I am glad to hear your good news. You must feel very relieved that the court case is finally over. A lot of users of the board have Special Guardianship Orders so issues relating to these orders are often discussed in detail.

Here is our advice sheet on Special Guardianship Orders
Special Guardianship Orders-information for friends and family carers
which sets out the legal effects of a Special Guardianship Order as well as what support you may be entitled to. Look at pages 3 and 4 first.

A Special Guardianship Order allows you to make all the decisions about a child’s upbringing without needing to consult the birth parents about these decisions. So the birth parents parental responsibility is restricted but not permanently ended. You have “exclusive” parental responsibility and although birth parents have no right to make general decisions about the child there are a few things that you have to consult them on. (see 4 of the advice sheet).

In your case, although you could take the children out of the UK for up to 3 months-if it was any longer you would either need the consent of all those with parental responsibility (always mother, often father)or an order form the court giving you permission.
Here is our advice sheet on parental responsibility in case you are not sure whether father has it.
parental responsibility
If you have any further questions, after looking at the advice sheet, please post back.

Best wishes,

Suzie

[Help 1870]

When it comes to a passport you have the right to apply for one without consulting with or obtaining the permission of the birth parents.

Birth parents do retain the right to apply for section 8 orders, including a Prohibitive steps order which they can ask a court for to prevent you from obtaining a passport.

In theory, they can block you, but in practice, to do so, they would need a really good reason. So I wouldnt worry,

[SpecialAunty]

Hi Alice

My husband and I also have a SGO for our Great Nephew. We applied for a passport in his name without any problems. With an SGO you do not need the consent of either parents just the birth certificate and a copy of the SGO.

Good Luck