hi
I had my child removed from my care when she was born due too having my first born removed at10 weeks old due too a fracture on his leg. I have no idea how the injury occurred, I know I didn't cause it and he never showed any signs of being injured in any way - this is going back 6 years. my 2nd born is now 10 months old.
my question is how easy is it to revoke an SGO?, I'm going too attempt to do it no matter what as I want my child back, but I'm not too sure how I go about it, ive done some googling and found the form too apply too the courts, I'm just wondering how I can prove that significant change has been made?
I made the mistake of sleeping with my ex who is the farther too my first born and I ended up pregnant.
Due too the injuries with my first born and not knowing how they occurred it was found that it was either me or his dad that caused the injuries. Now I know it wasn't me and I don't think it was his dad but can't say 100% it wasn't him, but we did split up and go our separate ways apart from during contact when we had joint contact. I wanted separate contact but I dont get on with the SGO Holders and knew asking for it would make things extremely difficult so thought it was best to leave it be. I have now come to the realisation that I should have taken the difficult situation so that I could fully separate from my ex.
So basically I want too fight for my child, I want my baby home with me, id love for both children too come home but from what ive read online it will be difficult to fight the SGO for my older child due too his age as he is 6 now, is this true? if not then I will fight for him aswell as I don't want too give up on either of them but I didn't know all of this information back when my son was taken into care.
I need too do some work on myself for my mental health before I can apply as I need too be in the right frame of mind too fight this but I'm having to deal with this myself as the current wait time in my area for counselling is minimum 18 months, I don't want too wait that long as I know I need the help before then regardless of weather I was going to apply to the courts or not so looking at online courses. Would this class as getting the help or will it all be for nothing in the courts? is there one the courts would see ive done and let me use this as proof? if so can anyone recommend somewhere?
My questions are
1- How easy is it too apply to overturn an SGO?
2- Could I apply to overturn the SGO for both children in one go?
3- if I do apply to overturn for both children would they say no to both if one was a no? or could they say yes to one returning home but not the other?
4- How can I prove significant change? Im no longer in contact with the farther ( I haven't been now for nearly 12 months) and I'm going to get some help for my mental health but feel like they would want so much more from me but I can think what that may be.
5- how long does it roughly take from the application being made to hearing weather or not your granted permission from court to actually fight it?
sorry for the long post, I'm just trying to get as much information together as I can so I'm more prepared when it comes too it.
Revoking an SGO? is it possible?
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Suzie, FRG Adviser
- Posts: 4256
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Revoking an SGO? is it possible?
Dear scaredandlonely19
Thank you for posting again on the parents’ discussion forum.
You have given the background to how and why your two children were removed from your care, and you have asked specific questions about applying to discharge the special guardianship orders under which they live with the maternal grandmother.
I will respond to your questions in the order that you have asked them.
How easy is it too apply to overturn an SGO?
Before a parent can apply to discharge a special guardian-ship order, it is necessary to ask the court for permission to make the application.
Could I apply to overturn the SGO for both children in one go?
The same answer as above applies to this question. You would need permission from the court to apply. You can if you wish would apply to discharge both orders. However, as you mentioned in your post your eldest has been with the special guardian for 6 years and the court would be looking at what is in the children’s best interests before deciding.
if I do apply to overturn for both children, would they say no to both if one was a no? or could they say yes to one returning home but not the other?
It is difficult to answer this as it is the court that will make the final decision and each child would be looked at separately to ensure that their needs and welfare is considered by the court.
How can I prove significant change? Im no longer in contact with the farther ( I haven't been now for nearly 12 months) and I'm going to get some help for my mental health but feel like they would want so much more from me but I can think what that may be.
Without knowing what else was of concern when your chil-dren were removed it is not easy to respond to this. I would say however, that the court would require evidence that the issues have significantly changed. You cannot change the fact that you remain in the pool of perpetrators regarding your son’s injuries since you say you still do not know how his was hurt.
The court will not accept your word only that things have changed significantly; you will need to provide actual evidence for example from your mental health team or anyone else that you have worked with.
how long does it roughly take from the application being made to hearing weather or not your granted permission from court to actually fight it?
Court hearings are dependent on court timetables, so it is not possible to give a specific time. Your initial application for permission could take a few months and if permission grant-ed an even longer time.
You must consider that the special guardians are likely to oppose your application for permission and, if granted, op-pose the special guardianship order being discharged and an order made in your favour. This is likely to take more time as the court must have evidence from all involved.
You may find it helpful to read this advice sheet about what special guardianship means for parents.
If you wish to speak to an adviser, you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holi-days).
Best wishes
Suzie
Thank you for posting again on the parents’ discussion forum.
You have given the background to how and why your two children were removed from your care, and you have asked specific questions about applying to discharge the special guardianship orders under which they live with the maternal grandmother.
I will respond to your questions in the order that you have asked them.
How easy is it too apply to overturn an SGO?
Before a parent can apply to discharge a special guardian-ship order, it is necessary to ask the court for permission to make the application.
Could I apply to overturn the SGO for both children in one go?
The same answer as above applies to this question. You would need permission from the court to apply. You can if you wish would apply to discharge both orders. However, as you mentioned in your post your eldest has been with the special guardian for 6 years and the court would be looking at what is in the children’s best interests before deciding.
if I do apply to overturn for both children, would they say no to both if one was a no? or could they say yes to one returning home but not the other?
It is difficult to answer this as it is the court that will make the final decision and each child would be looked at separately to ensure that their needs and welfare is considered by the court.
How can I prove significant change? Im no longer in contact with the farther ( I haven't been now for nearly 12 months) and I'm going to get some help for my mental health but feel like they would want so much more from me but I can think what that may be.
Without knowing what else was of concern when your chil-dren were removed it is not easy to respond to this. I would say however, that the court would require evidence that the issues have significantly changed. You cannot change the fact that you remain in the pool of perpetrators regarding your son’s injuries since you say you still do not know how his was hurt.
The court will not accept your word only that things have changed significantly; you will need to provide actual evidence for example from your mental health team or anyone else that you have worked with.
how long does it roughly take from the application being made to hearing weather or not your granted permission from court to actually fight it?
Court hearings are dependent on court timetables, so it is not possible to give a specific time. Your initial application for permission could take a few months and if permission grant-ed an even longer time.
You must consider that the special guardians are likely to oppose your application for permission and, if granted, op-pose the special guardianship order being discharged and an order made in your favour. This is likely to take more time as the court must have evidence from all involved.
You may find it helpful to read this advice sheet about what special guardianship means for parents.
If you wish to speak to an adviser, you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holi-days).
Best wishes
Suzie
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