Family Rights Group | Parents’ Forum

Hello

My partner has joint Special Guardianship over a 7 year old boy but his ex wife is refusing him access.

Does she have the rights to do this? Ive read into the child law act 1983 and it’s states

“Subject to any other order in force with respect to a child under this act a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with partenal responsibility of the child (APART FROM ANOTHER SPECIAL GUARDIAN)

If I’m reading that correctly it means she can refuse access to say the birth parents BUT not someone else that has been give special guardian of the child by law....?

Also, she is requesting child maintenance from him. Does he have to pay this? We are getting the impression that the birth parents and local council are supporting her with the financial matters?

Thanks

Dear TenerifeSea83.

Thank you for your post, your query is one that should have been posted on our Family and Friends Care Discussion Board nevertheless I will answer it here.

You are correct in saying that the law says that one special guardian cannot exclude the other. The section you quote is found in the Children Act 1989, Section 14C (b).

You have said that the other guardian is asking for financial support, she does have a right to ask any other person with parental responsibility for financial support. It may be useful for you partner to have a look at information about child maintenance such information can be found here.

You may also find our advice sheet about DIY Special Guardianship Orders - information for family and friends carers. Our sheet about DIY Child Arrangements Orders: information for family and friends carers which your partner may need to apply for if mediation around the issues of contact does not work.

I hope this information is useful.

Best wishes

Suzie