Can i get an SGO reversed?

[Suzie, FRG Adviser]

Dear Balakirev

Welcome to the Parents’ Discussion Forum.

Congratulations on have such a good outcome from your leukaemia treatment and I wish you continued good health.

Regarding your query about applying to discharge the Special Guardianship Order, you should attempt mediation to see if agreement can be reached with the Special Guardian for the Order to be discharged.

If contact is not going well, it is open to you to make an application to the court to enforce the Child Arrangement Order. Contact is for the benefit of the children and there is an order in place so if he wishes to change the current arrangements, then he will need to apply to the court to vary the Order.

Whilst you have an obligation to maintain your children this does not extend to the Special Guardian unless of course this was the arrangement you reached at the time you asked him to look after your children.

Parental responsibility would end on discharge of the Order.

I have included a copy of our advice sheet relating to Special Guardianship and what it means for birth parents.

Your application would be a private law application and, as such, I am including here details of the organisation that advises on private law matters.

I am sure that you will be able to represent yourself in court once you make the application and wish you the very best of luck.

Best wishes,

Suzie

[Nowhereboy]

Hi just wondering if somebody can give me some advice,don’t know where to start really,well basically I had my own business started partying and using cocaine I also have some history with police and with drug induced mental health but besides all this I was working self employed and getting payed cash I was renting a flat without a contract because I have ccjs against my name while all this was going on I met this girl who has severe history with social services she has had six children removed from her care I had intercourse and had to have a dna test to prove they are mine buy the they’re twins.they was born and taken into care for 10 months I knew I was in a bad place at the time and knew social services wouldn’t entertain me being a father to the twins so before the trial ended my mum and sister where granted a sgo I just want to know if I have any chance of overturning the sgo or varying it I’m in a good place now I’m doing my Hgv test so should be in full time work very soon I have completed my courses regarding cocaine I’ve been a year clean now and doing regular urine samples and open for any hair strand sample and going to church every Sunday also I’m hopefully going to get my counsel flat within the next few months.if anybody can tell me what my chances are to overturn this or even vary this?.I see them every day but it’s very hard because I love them so much and just want the best for them and I think the best for them is with me

[Suzie, FRG Adviser]

Hi just wondering if somebody can give me some advice,don’t know where to start really,well basically I had my own business started partying and using cocaine I also have some history with police and with drug induced mental health but besides all this I was working self employed and getting payed cash I was renting a flat without a contract because I have ccjs against my name while all this was going on I met this girl who has severe history with social services she has had six children removed from her care I had intercourse and had to have a dna test to prove they are mine buy the they’re twins.they was born and taken into care for 10 months I knew I was in a bad place at the time and knew social services wouldn’t entertain me being a father to the twins so before the trial ended my mum and sister where granted a sgo I just want to know if I have any chance of overturning the sgo or varying it I’m in a good place now I’m doing my Hgv test so should be in full time work very soon I have completed my courses regarding cocaine I’ve been a year clean now and doing regular urine samples and open for any hair strand sample and going to church every Sunday also I’m hopefully going to get my counsel flat within the next few months.if anybody can tell me what my chances are to overturn this or even vary this?.I see them every day but it’s very hard because I love them so much and just want the best for them and I think the best for them is with me

Dear Nowhereboy

Thank you for your post and welcome to the board.

I am happy to read that you have made significant changes in your life and have addressed the concerns the professionals would have had about you caring for your children when they were born. Congratulations on being ‘clean’ for a year.

Special Guardianship Orders (SGOs) normally end when children are 18 years old. They can be discharged (ended) before then, but permission needs to be sought from a court to make such an application. I think that it would be a good idea for you to familiarise yourself with what the SGO means for parents. We have this information in our advice sheet called Special Guardianship: what does it mean for birth parents?.

I hope this advice sheet will help you understand SGOs in more detail.

Best wishes

Suzie

[Nowhereboy]

Hi I would like to know what sort of changes would children’s services like to see? I mean I’m clean from any substances I engaged with services.completed all the courses since my twins left the care system after being placed there from birth and now with my mother I have been completely clean any hair strand is welcome!! I’m currently studying my HGV and have just passed my theory.I now have a one bedroom flat.I see my boys every day every second I can and that means more to my than anything.I just paid £450 for there Christmas present.but all this is not enough I want to care for my boys it don’t get any easier it gets harder.is there any advice you can give me in what changes?.I think the children’s mum had a lot to do with this she had four children removed from her and then another two her previous partner had custody of and then I got her pregnant with twins because of her history with children services and her not engaging with services they got put in the system.I have never harmed a child in my life all I wanted was children and this has happened my first two please can somebody give me so advice on what more changes will they want to see kind regards Nowhere boy

[Suzie, FRG Adviser]

Dear Nowhere boy,

Welcome back to the Parent’s Forum. I am sorry for the delay in responding to your post. I can see how well you have done-being drugs free, studying for your HGV license, and getting a place to live. Also you see your boys very often, you say every day. You are clearly a big part in your sons lives.
I am guessing you have legal parental responsibility. Your mum and sister have the enhanced parental responsibility due to the SGO, so they can make most of the decisions in relation to your twins such as where they live and who they see and what school they will go to. What are their views about your twins living with you? Sometimes special guardians agree to children going back to parents. You could ask them what they think. But if they did not agree then you would need to decide whether it is worth making a court application for leave to discharge the order. You would need to show there is a change in circumstances (there is as you are drugs free) and that it is in the “best interests” of your twins. Mum would have to be served with the court application as well. It seems to me that you are in their lives so much anyway so just carry on as you are until you decide what to do.

Kind regards,
Suzie