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Posted: Mon Jan 13, 2020 12:02 pm
My granddaughter is subject to an SGO. She lives with paternal grandparents. However it has recently come to light that there is a possibility that my granddaughter has a different paternal father. If a DNA test proves this does the SGO become void. My daughter has been seen as a fit mother and has regular contact. Please can someone help
Posted: Fri Jan 31, 2020 5:48 pm
Thank you for your post.
In short the results of the DNA test itself will not void the Special Guardianship Order: court orders must be discharged in court.
If it is found that the guardians are not biologically related to the child and as you say the mother is ‘fit’, the child might be returned her but this is not guaranteed. Your daughter (or the newly discovered biological father) will need permission from the court to make an application to end the Special Guardianship Order and the court will likely consider the bond/relationship the child has formed with the guardians (he or she views them as grandparents). Our advice sheet Special Guardianship: what does it mean for birth parents?
will tell you more.
I hope this information helps.