SGO advice please

[Aggy01]

Hi, my 14 year old granddaughter has been living with me since March last year. She was living with her stepdad from when her mum passed away in 2014. In 2015 her stepdad applied for and got the SGO, however he remarried last year and my granddaughter wasn’t able to stay in what we considered her home. New wife made it clear she didn’t “belong” there. She still has contact with her dad but I’m wanting to put things in place to ensure she can stay with me.
Can I apply for the SGO to be cancelled and then apply in my name? I did contact social services when she first moved out as there was a safeguarding issue but as she was not in any danger, as was with me they never took it any further. Social worker just said well new wife these things happen.
Sorry for waffling on but am just looking for best way to go ahead with this, do I need a solicitor?

[Suzie, FRG Adviser]

Dear Agg01

Thank you for your post, I am sorry for the long delay in responding.

The SGO that your granddaughter’s father has can be discharged if he is willing to do so. Perhaps in the first instance you could ask him this question especially now that your granddaughter has been living with you for one year. If the father has any concerns direct him to the bottom of page 10 of our advice sheet called DIY Special Guardianship Orders - information for family and friends carers

Another option is for you to apply for a Child Arrangements Order, the child’s father will be a respondent to the case and may not object for the reasons you have outlined already. Here is our advice sheet called DIY Child Arrangements Orders: information for family and friends carers.

As to whether you need a solicitor, have a look at this Guide from Advice Now and if you decide you do want, or need, one; the Law Society has a database of solicitors, details about it are here.

Best wishes

Suzie