Dear Nanny
Thank you for your post on behalf of your daughter. If you have any queries from your own point of view as a Special Guardian and a grandparent then our
Family and Friends’ Carers’ discussion board would be better for you to post on.
You have been caring for your two grandsons under a
Special Guardianship Order (SG0) for most of their lives. Your daughter has been separated from the boys’ father, about whom there were concerns, for most of this time and she is now very involved in helping with the children and seeing them regularly. She is also looking into parenting courses to boost her parenting skills too. She could check with
Family Lives for information about suitable courses. She would like the children to return to her care and you seem to be in support of this too.
As a parent your daughter needs the permission of the court to apply to end a SGO. You, as a Special Guardian, do not need the court’s permission to apply to end the order. Your daughter could also consider seeking a Child Arrangements Order for her sons at the same time. You can find out more about this here:
DIY Child Arrangements Orders: information for family and friends carers here.
The tests your daughter faces to get permission to apply to end the order is:
To satisfy the court that there has been a significant change of circumstances since the SGO was made, and
That the court has considered the children’s welfare and the chances of your daughter’s application to end the order being successful.
It can be difficult to show that it is in children’s best interests to move from a carer and settled environment where they have lived for most of their lives but you and your daughter are clearly working closely and cooperatively together to care for the children and would need to be able to show why ending the order would be best.
Another option might be for you and your daughter to make a joint application for leave to discharge the order.
It is not clear if children’s services are still involved in any way but they were in the past. It may be a good idea to discuss with/seek guidance from children’s services in relation to the current situation and proposals.
Your daughter should have a look at pages 14 and 15 of
Special Guardianship: what does it mean for birth parents? for some more information about when a SGO can be ended.
For advice about making a court application you could contact organisations which provide private law advice such as
Child Law Advice or
Rights of Women.
You can also find information about court forms e.g. C1, C2 and FM1 and about court fees from
HM Courts and Tribunal Services. Another option is to contact the family court directly to obtain the necessary court forms and to find out more about fees.
Another parent who has gone through the process recently might be able to provide an update on their experience of applying for permission to end an SGO.
I hope this is helpful.
Best wishes
Suzie