Discharging an SGO

[Smeegler]

Hi,

My child lives with my parents on an SGO. These were private proceedings following a decline in my mental health and subsequent diagnosis of severe bipolar. During the time I was not able to care for my son, I was having a year long manic episode which I should have been sectioned for, but didn't get appropriate support for at the time.

Now I've been diagnosed, I am stable and medicated. I have always worked in corporate jobs, no criminal record, no drugs or alcohol use, simply the only issue was my bipolar which led to inappropriate decision making and neglect at the time as I was unable to focus my thoughts, be rational etc)

I have since remarried and had another child, with no social services involvement. I would like to discharge the SGO in 3 years, when my child is 16. I am prepared to wait for him to finish his GCSEs as his education and stability is important to me.

My question is this specifically- at aged 16, will the judge give most weighting to my son's wishes? My son wants to live with me. Is an SGO legally likely to be enforced between the ages of 16-18? I'm confident I'd pass the welfare test, even now. But I'm holding back as I recognise my son has been through a lot and don't want to rock the boat at the moment. I know the court processes, I'm mainly asking at aged 16, would an SGO discharge requrst even be refused? I presume my son at that age can make his own choices?

Has anyone else got an experiences to share?

Thanks

[Suzie, FRG Adviser]

Dear Smeegler

Thank you for posting again on the parents' discussion forum.

You wish to know whether your son, for whom there is a special guardianship order to his grandparents. As you are aware, the order lasts until he is is 18 unless it is discharged sooner.

It spears that you live in a different area to your son as you are not seeking to have him live with you now due to his education which you do not want to disrupt. Has he already started his GCSEs courses?

Since you wish to wait 3 years until he is 16 and, to answer, your specific question when an application to discharge would be refused, it is difficult to say without know the full background and whether it would be in his best interests. The court would consider all the facts including your son’s wishes and feelings. At 16 it is likely to be accepted that he can make a choice about where he lives and with whom.

As stated above, a judge would consider all the circumstances and any specific needs your son may have. All cases are decided on the facts relating to the specific case.

You may find it helpful to read our advice sheet Special Guardianship: what does it mean for birth parents?.

I hope this helps

Best wishes

Suzie