Please help need advice

[Jor]

Hi I am hoping that you are able to give me some advice. I have a child under special guardianship who currently is with my mate. She is 1year 6 months. I want to know what my changes are of her returning to me. I have a younger children who is 6months old. They both have the same dad. The younger child is still with me and social services still involved with him but only as child in need but are looking to close. The 2 children had different social worker's. The reason my youngest has stayed is because off all the changes I have made since leaving their dad n going into a refugee - fled domestic violence. It was mainly down to the dad the reason the oldest was first taken. I do see her when my mate can be bothered. So I was wondering what to do and what my chances would b of her returning and how I go about it??

[Suzie, FRG Adviser]

Dear Jor,

Welcome to the Parents Forum.

I am sorry to hear about all the difficulties that your family has had. It is extremely good news that you managed to successfully flee from the domestic violence that you suffered and that your baby son is still with you. Children services are about to close their case.
However, your older daughter is placed with a friend under a special guardianship order. You would like advice about revoking the special guardianship order.

To revoke the order you would need to first obtain “leave” or permission of the court.

The court will consider granting leave:

1)if it is satisfied that there has been a “significant change of circumstances” since the Special Guardianship Order was made; and
2) after it has considered the welfare of the child and the chances of you being successful in your application to end the order.

From what you have said it certainly seems that there has been a change in circumstances since the original order was made. You are no longer in a domestically abusive relationship. Have you also completed all the support that you were expected to do (such as the freedom programme)?

Was there any other reasons that the court said you were not able at that time to parent your daughter?
You could check the court judgment (if you have it) as this should outline in detail why the special guardianship order was made at the time. You could go through it and look at every aspect to check that you have received and completed the necessary support. Do you have evidence to show the support that you have completed?

The court also has to look at the welfare of your child. The court would look at the welfare checklist and consider every factor. You need to show that you have the chance of being successful.

In relation to proving success, what is happening with your contact with your daughter? You suggest that there is no routine and it is up to the special guardian. Part of your case about whether you will be successful will be information about the current relationship with your daughter. Can you pursue more and better contact?
What does your friend say about your daughter moving home to you? What does your sons social worker say about this plan? As part of the court application, the court is likely to want children services to carry out an assessment.

You should also consider seeking legal advice from the solicitor who represented you in the original proceedings.

Best wishes,

Suzie