Special guardian ship

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RCS123x
Posts: 1
Joined: Mon Mar 22, 2021 10:42 pm

Special guardian ship

Post by RCS123x » Wed Mar 24, 2021 4:11 pm

My ex abusive partners mother has my 4 year old daughter. I was 16 when I had her . She got removed from me because of my partner was abusive. I got put In a mother and baby unit from her birth. I then got moved to a mother and baby foster placement and then they still continued to say I could protect her. I was fighting a losing battle I give everything into it she never came to any harm . I was a really good mum . I split up with him. Have been now for 3 and half years. Dont have any contact with him. Hes in prison for another matter.. I want to know what my chances are of getting my daughter back into my care she is under a special guardian ship order. I am a total different person. I'm in a healthy loving relationship. I have my own home. I'm so quiet and settled down. I still have contact with my daughter once a week and it just isn't enough she misses her mammy. I'm wanting to fight it and get her back with me. As I never really had a chance. I was 16 new mum and they still took my baby away from me....... I really miss her so much and once a week isn5 good enough for us to keep our bond strong. Any advice is helpful xx

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Suzie, FRG Adviser
Posts: 3012
Joined: Mon Jul 04, 2011 2:57 pm

Re: Special guardian ship

Post by Suzie, FRG Adviser » Mon Mar 29, 2021 4:54 pm

Dear RCS123x
Welcome to the Parent’s Forum. I am Suzie, Family Rights Group online adviser. I am sorry to hear that your daughter was removed from your care when you were so young. This must have been very traumatic for you. It sounded like you were assessed as a good mum but could not protect her or yourself against the violence of her dad. You say that your life has totally changed, and you are now settled with a new partner and you have your own home. You are seeing your daughter every week.
Your daughter lives with her paternal grandmother under a special guardianship order. This order lasts until your daughter is 18 and gives grandmother “enhanced parental responsibility” to make decisions about your granddaughter such as what school she goes to and how often she sees you without needing to consult you. You say that the contact your daughter has is not enough for your daughter. Would grandmother agree to your daughter having more contact or even returning home to you? You could start by asking her for more contact such as overnight contact on some weekends or during the holiday to see how it all goes.
If grandmother agreed to more contact, then this may satisfy your daughter and she could spend time both at her grandmother’s home and yours. It would also show how you can look after your daughter overnight.
If grandmother agreed to her returning to you then she has the power to allow this to happen. However, to formally discharge the SGO she and or you would need to apply to the court to discharge the SGO and you could apply for a Child arrangements order.
If she did not agree to your daughter returning to live with you, then your option is court proceedings. Please see page 14 onwards in our advice sheet about special guardianship orders.

I would strongly advise you to get legal advice first before you consider court proceedings. If you can go back to the solicitor that represented you in the care proceedings that might be helpful as s/he will know your case well.
I hope my advice helps.
Kind regards,
Suzie

MarleyMoo
Posts: 1
Joined: Sun May 02, 2021 4:45 pm

Re: Special guardian ship

Post by MarleyMoo » Tue May 04, 2021 7:18 pm

Hi

I am trying to help a friend. Her 4 year old daughter has a. SGO with paternal grandmother with contact 6 times a year. Grandmother refuses any extra contact. My friend wants to go to court but will have to represent herself. Is the court likely to grant any additional contact? Thanks

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

Re: Special guardian ship

Post by Suzie, FRG Adviser » Thu May 06, 2021 2:28 pm

Dear MarleyMoo,

Welcome to the parents' board and thank you for your post.

You say that your friend's child is currently subject to a special guardianship order, granted to her paternal grandmother. There are arrangements for contact 6 times a year. Your friend would like to have more contact, however, the special guardian does not currently agree to this. Your friend would like to apply to court for more contact and you would like to know whether she is likely to be granted this.

It is difficult for me to say whether your friend will be granted more contact, as each case is different. In the first instance, it may be helpful for your friend to contact the children's services department who prepared the report for the family court on whether the special guardian was suitable to care for the child. Children's services have the power to help parents whose children are subject to a special guardianship order and must assess a parent for support needs if the child was looked after prior to the special guardianship order being granted. This support can include assisting in making new contact arrangements, or funding family mediation. Has your friend considered attending family mediation with the special guardian in order to discuss increasing contact? Please take a look at our advice sheet (page 6 onwards) on special guardianship for parents for more information on what support children's services can offer parents with contact.

If this is not a possibility, your friend can apply to the family courts for a child arrangements order. The court will look at all available evidence when deciding whether or not to make an order. The court's primary consideration will be the child's welfare and the judge will base their decision on something called the welfare checklist.

If your friend would like some more advice on this private law matter, she can call child law advice on 0300 330 5480.

Best wishes,

Suzie.

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