My rights
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carrotcake
- Posts: 11
- Joined: Wed Jul 06, 2016 8:46 pm
My rights
My children are subject to a sgo and family court ruled I see them once a month. The family member of my ex who they now live with is trying to get me to reduce these visits to once every two months. Can she legally do this or is a court order valid until my kids are 18? They have only tried to do this after I started legal proceedings against my ex for the abuse he subjected me to, and I suspect they are doing it to 'get back at me'. My ex will soon go to prison and my kids will not see him, and I think that reducing my visits after they lose any form of contact with their dad is not acting in my childrens best interests. I think she is using my kids as a weapon against me for the action I am taking on my ex.
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Suzie, FRG Adviser
- Posts: 4260
- Joined: Mon Jul 04, 2011 2:57 pm
Re: My rights
Hello historygirl81
Thank you for your further post.
I am sorry that you are having difficulties regarding contact with your children. The special guardian is able to make decisions about contact, however, as there is a court order in place, the special guardian should stick to the terms of the order. If he or she wishes to change the order, an application should be made to the court to vary the order.
A court order remains in force until the court makes a change to it or it is discharged.
If an application is to be made by you to enforce the order for contact, or the special guardian to vary or discharge it, then family mediation should be tried to see if the issues can be resolved without going to court. The court has an expectation that there will be an attempt to resolve issues before making an application. Once an application is made the court will consider all the circumstances and make a decision based on what is best for the child or children concerned.
As this would be a private law application, I suggest that you contact Coram Children’s Legal Centre on 0300 330 5480 for more advice about making an application should it become necessary. You may also wish to read our advice sheet included here, about what special guardianship means for birth parents.
I hope you find this helpful.
Best wishes,
Suzie
Thank you for your further post.
I am sorry that you are having difficulties regarding contact with your children. The special guardian is able to make decisions about contact, however, as there is a court order in place, the special guardian should stick to the terms of the order. If he or she wishes to change the order, an application should be made to the court to vary the order.
A court order remains in force until the court makes a change to it or it is discharged.
If an application is to be made by you to enforce the order for contact, or the special guardian to vary or discharge it, then family mediation should be tried to see if the issues can be resolved without going to court. The court has an expectation that there will be an attempt to resolve issues before making an application. Once an application is made the court will consider all the circumstances and make a decision based on what is best for the child or children concerned.
As this would be a private law application, I suggest that you contact Coram Children’s Legal Centre on 0300 330 5480 for more advice about making an application should it become necessary. You may also wish to read our advice sheet included here, about what special guardianship means for birth parents.
I hope you find this helpful.
Best wishes,
Suzie
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