Grandson living with Grandparents

[suecbb]

My daughter had a baby back in 2013 and they were doing fine. My daughter and her partner were doing really well looking after the little chap. Unfortunately they argued a fair bit, no violence though. His mum and step dad also used to look after the little one to give them a break occasionally. One weekend, after he had been at his grandparents, they bought him home but because my daughter and her partner were arguing, they took him back home again and went for a SGO. SS were not involved with this case, although the court asked ss to do assessments on all involved. It was finally decided that he would live with his grandparents as there was a risk of dv from her partner. The police were involved with them once over dv, but he received a caution.

Now, my daughter has split with her partner, but he has been home to his mum and stepdad to see his son and they have allowed him to spend time with his son, whereas my daughter hasn't seen her son for over a year. She is now living with us again -mum, dad and siblings.

Her ex partner is in court on thursday 6th January as she is prosecuting him for dv - he tried to strangle her when she told him she was leaving. And the police are backing her all the way. So surely, her son should be back at home with her and not with the grandparents were he is at "risk" from his dad

[Suzie, FRG Adviser]

Dear suecbb

I am sorry that your daughter has not been able to see her son for over a year.

From your post it appears that the paternal grandmother applied for and was granted a Special Guardianship Order for your grandson. Did your daughter agree to the order being made at the time? It seems that there was no order for her to have contact with her son, I assume that at the time it was believed that the grandmother would allow contact to take place.

The Special Guardian is able to make decisions about contact and if the father is able to see his son it is not something your daughter can do anything about. As far as her own contact is concerned, do you know the reason that she has not been allowed to see her son for over a year? Was it the case that neither parent was allowed contact?

If your daughter wishes to have her son back in her care it would mean making an application to the court to discharge the Special Guardianship Order. The court would have to be satisfied that it is in the children best interests to discharge the order. I am attaching a copy of our advice sheet about what it means for birth parents when there is a Special Guardianship Order.

As far as contact is concerned, if the grandmother will not allow contact, then your daughter can make an application to the court for a Child Arrangement Order for contact.

I suggest that you daughter contact Coram Children’s Legal Centre on 0300 330 5480 for more advice about this issue as they provide advice about private law matters such as contact.

I hope you will find this helpful.

Best wishes

Suzie