Can i get an SGO reversed?

[private+]

i was just wondering if i can get the special guardianship that my daughter is under reversed?
when i left my ex partner my daughter was taken off me and went to live with her grandparents du to mental health issues i had at the time. i never put her at risk but still after a lengthy court process she was placed under this order at the courts.
i see her each week at their home and we all have a good relationship. however i really would like my daughter back, but they don't want to lose her now.
i know it says you must have a 'significant' change in circumstances to apply to the court, but i was wondering if this counts as a significant change:
1. I have finished the psychological treatment recommended by the court
2. i have been discharged from the mental health team
3. i haven't self harmed in 11 months
4. I've been living in stable accommodation for 12 months whereas previously i wasn't
5. I've completed half of the college course I've started
6. I've got my self a part time job as a healthcare assistant
7. have been in a stable relationship with a 'normal,' guy for 6 months.

i can honestly say i'm a well normal person. surely in the long run my daughter would be better off living with me. as i am able to provide, and care for her. she calls me mummy, laughs and plays with me, and is so excited on the day i come to visit her each week. i just want her back full time, i love her so much and dont want to think shell never be back with me. has anyone ever got an SGO discharged?

[Suzie, FRG Adviser]

Hello private+

Welcome to the parents’ discussion board and thanks for posting.

You have clearly worked really hard to get well and improve things for you and your daughter. It sounds as though you have a lovely relationship with her.

As I think you are aware, a special guardianship order can be ended. You would need to ask the court for permission to apply to end the order. The court would have to be satisfied that there has been a “significant change of circumstances” when deciding whether to give this permission.

Although the progress you have made is significant, I am unable to say whether this would be sufficient to persuade the court that it would be in your daughter’s best interests to end the SGO. The court would need to give consideration to the fact that your daughter is happy and settled with her grandparents and the potential impact of disrupting that situation.

I would suggest that you speak to a solicitor about your case and take their advice about the best way forward.

You say that you get on well with your daughter’s grandparents and, clearly, you all have her best interests at heart. Is there scope for discussing the current situation with them with an aim of increasing your role in your daughter’s life?

Perhaps you could discuss increasing your contact or moving towards having contact in your own home on occasions? If this was going well, maybe you could look at building towards overnight contacts at some point in the future?

Do keep posting and let us know how things are going.

Best Wishes

Suzie
FRG Adviser

[Debbiedoodah]

Hello, My Son aged 7 was placed with my half sibling younger sister last summer as SS were concerned about my mental health, lifestyle, homelessness and drug use. I confessed to smoking marijuana (doh!) My sister applied for an SGO special guardianship order after threatened with placing my child in care if she didnt, and was assessed successfully, and obtained a SGO. SS gathered information from neighbours whom I was in a conflicting court case with, and I had to move out pending bail conditions, I have since been cleared of the major police charges brought against me, moved areas and started a new life alone. I have addressed my issues of concern, and currently enrolling on a drug recovery intense program, although my Sisters anger and resentment are affecting my son and I... My supervision order is for 12 months and ends on the 28th August when my contact order states ...contact between my son and I to take place a minimum of once a month. As my sister has to facilitate this, sometimes leaves me until the 2nd month and very strict about whaqt time and day I can call (weekly) 10 mins, and listens to my calls.
I feel the resentment and anger she is harbouring is affecting my Son and me, as she wont promote the contact. I don't feel my son is best placed with her, but feel unable to care full time for him also myself. I have an appointment with a Solicitor today at 2pm, so will keep all posted on my progress. I have only been clean for 8 days, but now I am on the right path would like more contact and eventually unsupervised. My sister could have allowed me more, but she is angry over my confrontation with her father, my step dad over past violent abuse when I was young. I also have a twin, whom is struggling with this situation as her child is placed with my half sister too. Mediation is not a solution either, as I feel she has stuck her heels in and wont budge with my contact with my Son whom I love dearly, and feel broken hearted over the separation enforced by my half Sis.

[Suzie, FRG Adviser]

Dear Debbiedoodah

Welcome back to the discussion board.

I hope you had a useful appointment with your solicitor. If you wish to provide an update or have any specific queries following your legal meeting, please feel free to post back for more advice.

Best Wishes

Suzie

[Debbiedoodah]

I have a meeting next Tuesday with the solicitor and feel very positive now I have legal representation, and I am now doing well in my drug recovery program and enjoying the NA fellowship, where I feel so part of a group of like minded people here in*****. It really is a great city and has opened so many doors for me so I can one day share my new way of life with my son whom is the love of my life also. I have had a telephone contact with my son last Tuesday which usually is difficult and awkward, but we spoke for well over the 10 minute allowance by my sister. I was happy to receive a card for mothers day with his excellent handwriting too lol. Thanks Suzie x

****Edited by Suzie.

[Debbiedoodah]

I can no longer afford a solicitor Suzie, and will be representing myself in court this Monday. I am applying for a variation in contact and hopefully will be granted more time unsupervised, but the problem is my sister is opposing it and I am worried the court will believe her lies about me still on drugs etc. There is a free charitable organisation who have helped me with my forms, and will accompany me in the court room, but as I have no solicitor due to lack of funds, I am worried.

[Suzie, FRG Adviser]

Dear Debbiedoodah

I am sorry that you are no longer able to afford a solicitor to represent you at court. It may be that this response is after you have already been to court and, if so, I hope that things went well for you. Unfortunately, it was not possible to provide a response before now.

It is great that you will be getting support from an organisation that can provide you with support at court. As far as the court proceedings are concerned, the court is now very used to having litigants in person, that is a person representing themselves so do not worry, the court will give you an opportunity to tell the judge what you want to say. This might be orally or in a written statement.

You do have to think about any evidence that you have to confirm that you are drug free for example, if you attended a rehabilitation service, get them to confirm that you attended and for how long and how well you did.

If you sister is saying that you are still taking drugs she will need to have evidence to back up what she is saying. Has she seen you worse for wear at contact or otherwise? The court will not necessarily take her word for it. Judges, are experienced in dealing with these cases and can often see through what is not quite right.

Private law proceedings do not fall within our remit, so please contact Coram Children Legal Centre on 0300 330 5480 as they can advise you more about the court process. They also have a number of advice sheets relating to private law proceedings on their website which you may find helpful.

I hope you find this information helpful.

Best wishes

Suzie

[sammie32]

I urge anybody who is under the social services not to give the sgo to whom is looking after your child/children...i would defiantly look at a resident order first...i was stupid enough to sign a sgo over to my ex's mum insted of a resident order as she promised that if I signed for the sgo that she would allow my children to stay the weekend at my home...i stupidly believed her and didn't go with my instincts...that was nearly 3 years ago...I asked why is she doing this and she said because I can...im so hurt by how people who do get the sgo basically take advantage of it...me and my ex were both giving the same contact and no special treatment was to be allowed just because it was hes mum who has my children....having said that he has been abroad with my children plenty of holidays with them...gets to see them whenever he wants...i don't know what to do....

[sammie32]

i was just wondering if i can get the special guardianship that my daughter is under reversed?
when i left my ex partner my daughter was taken off me and went to live with her grandparents du to mental health issues i had at the time. i never put her at risk but still after a lengthy court process she was placed under this order at the courts.
i see her each week at their home and we all have a good relationship. however i really would like my daughter back, but they don't want to lose her now.
i know it says you must have a 'significant' change in circumstances to apply to the court, but i was wondering if this counts as a significant change:
1. I have finished the psychological treatment recommended by the court
2. i have been discharged from the mental health team
3. i haven't self harmed in 11 months
4. I've been living in stable accommodation for 12 months whereas previously i wasn't
5. I've completed half of the college course I've started
6. I've got my self a part time job as a healthcare assistant
7. have been in a stable relationship with a 'normal,' guy for 6 months.

i can honestly say i'm a well normal person. surely in the long run my daughter would be better off living with me. as i am able to provide, and care for her. she calls me mummy, laughs and plays with me, and is so excited on the day i come to visit her each week. i just want her back full time, i love her so much and dont want to think shell never be back with me. has anyone ever got an SGO discharged?

[Balakirev]

Hi,

I arranged to place my children in the care of their godfather under a Special Guardianship Order three years ago. (They moved in with him, into the house I bought for that purpose, in August 2012.) Initially, they lived with him under a private fostering arrangement, and then the SGO was eventually awarded by the Court in March 2015. At the time when I made these arrangements for my children, I was suffering from leukemia, and was unsure whether I would achieve remission. I spent most days in terror that I would die, leaving my four children (then aged from 7 to 11) orphaned and at the mercy of the care system. (Their father died some years ago.)

Things are vastly different now, however. I have achieved full remission (which I can demonstrate to the Court with blood tests), which means that if the leukemia were to return, the chances of retreatment being successful are considerably higher than they would have been if it had returned soon after the first treatment. Also, I have worked hard to improve my general health and fitness, losing 3 and a half stone in weight, and taking up mountain hiking.

Ever since my children left my full time care, I have visited them regularly, usually at least fortnightly, (a 4-hour round trip each time), and they have had holidays in Wales with me, as stipulated in the Child Arrangements Order.

Now, however, the SG has "decided" that he wants to "put a cap on my visits" to my children, saying that it is too disruptive for him. He has ignored the Child Arrangements Order on two occasions so far: the second weekend in January, when he wouldn't allow me to visit (I didn't want to cause a row, so let that one go), and by booking a holiday for my three sons (but not my daughter) for the February half term (starting tomorrow), which is in the CAO as one of the times when all the children should be with me in Wales. (My daughter and her boyfriend will be coming to me, but not my sons.)

I know which forms I need to complete to apply to the Court for permission to apply to discharge the SGO and the CAO, but I am unsure as to whether or not this is a matter which the Court would consider as requiring mediation before I proceed with any application? Can you give me any advice on this please?

I have had some preliminary advice from a solicitor, which was very helpful, but since I have continued to support not only my children, but also the SGO throughout, I am not in a financial position to be able to instruct them to represent me. I am confident in my abilities to represent myself, but would be very grateful for your advice on this specific point.

I would also like some confirmation that, in the event that the Court agrees to discharge the Orders, the SG's PR would be simultaneously ended? I assume this is the case, but can you confirm that?

FYI, my children were never 'looked after' children, and have never been involved with Childrens' Services, except in the context of the support of the Social Worker throughout the SG arrangements.

Thank you in anticipation of your assistance - and good luck to my fellow parents on these boards, who are suffering as I do with missing our babies!

Cheers,

K