Significant change in circumstances to revoke an sgo

Mumofthree
Posts: 3
Joined: Mon May 08, 2017 12:53 pm

Significant change in circumstances to revoke an sgo

Postby Mumofthree » Wed Nov 08, 2017 1:44 pm

I've been told by 18 solicitors that my ex husband should not have been gifted my daughter who is the biologically his on an sgo as there was no grounds for it in the first place, he so has our daughter we have together on a child arrangements order. Basically been told a abusive man should not have been given the kids, who were 4 and 16 mo that old at the time, both girls. Problem is a pro fathers judge.
Anyhoo they are now 4 and 7. My 7 year old has been wanting to come home since she was 4. An Sgo was granted to my ex when she was 6 despite her saying no. He isn't her biological father. This came about because I took him back to court to vary the child arrangements orders as he didn't let me see them for 6 months and breached a court order in doing so. I was dismayed to find d pit it would be going back to the same judge. No suprise I was blamed for my exes abusive behaviour. I said I want a dna test done on my eldest, this request was ignored during previous proceedings, I informed the court I had been legally advised that if she wasn't his biological child she should come home to me, I had just had another child abd passed all assessments, aswell as herittle sister coming too as the courts shouldnt split them up. The judge said OK to the dna test but told me he would never give me my kids back.... Well he banged his fists on the table and shouted he wouldn't, dna came back negative as I told them it would (My ex knew he wasn't biological father but he pretended he thought he was) as punishment for being right th even judge gave him an Sgo!!! I now want to revoke it, as does my daughter, I would say my circumstances have changed significantly enough (not that they ever needed to), I have passed a pre birth and parenting assessment and have my two year old living at home, she has never had social care involved in her life, I've had a psychological assessment done through my GP on the NHS and no mental health problems. I'm a full time stay at home mother just like I was with my other children. I don't see why I would be refused my daughters back, especially when the child who is 8 in 6 months dosebt want to live with someone who she isn't related to. She wants to live with her biological family. He live in north east with no family around him as his family live in Ireland and he's cut my family out. The kids have no one abd see him two hours a day as they are in full time childcare before and after school. My problem is a biased pro fathers judge.

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Suzie, FRG Adviser
Posts: 1721
Joined: Mon Jul 04, 2011 2:57 pm

Re: Significant change in circumstances to revoke an sgo

Postby Suzie, FRG Adviser » Wed Nov 15, 2017 1:51 pm

Dear Mumofthree

Thank you for your further post.

It appears from your post that you have been distressed by the children being removed from your care and placed with your ex-husband. I can understand your feeling of frustration especially when you say he subjected you to domestic abuse and you are unable to understand how the decision to place a child who is not his biological child in his care.

If you were married at the time of your child’s birth, there is a legal presumption that your husband is the child’s father. Also, she would be considered a child of the family. The reason your children were removed from your care is not clear although you say that you have made significant changes to your life.

When considering to place a child or children the court will always consider their welfare and although you disagree placing the children with your ex-husband was at the time considered as the best for them. The children are now likely to be settled in their placement and a court is unlikely to change the status quo if it is not considered to be in their best interests.

I am surprised at the way you describe the judge’s reaction to you when you sought to oppose a special guardianship order in favour of your ex-husband. If the judge behaved towards you in that manner that you would be very unprofessional and you could have complained about the judge’s behaviour. It would also have been possible for you to appeal the judge’s decision.

Unfortunately, your case is a private law matter (that is a case between individuals) rather than public law which is the area we advise on. I therefore suggest that you contact Coram Children’s Legal Centre (child law) advice line on 0300 330 5480 if you are considering making any further applications to the court regarding the discharge of the special guardianship order. You can make an application but need to bear in mind that the court is likely to consider both children and how your other child might be affected by the separation as well.

I am including a copy of our advice sheet about what special guardianship means for birth parents for your information.

I hope you find this helpful.

Best wishes

Suzie


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