Hello,
I have a problem. I would like to divorce my husband. I am trying to do that in no blame divorce but there is physically no website what to do when children are already 4 years under care order. Can we divorce with no courts involvement? Or should we pressing to get SGOs to resolve problem with no court? My kids live with my sister in law - If I divorce my husband I will lost contact with kids? Court told us we both can have a contact with kids so it is somehow change final hearing decision if we will not be married anymore? Or separation should be better? Court will not granted divorce if we share together with children activities - which means what - I need refuse contact with my kids to granted divorce or separation? It means we should wait with our lives until our kids will be 18 years old next 10 years with no love marriage? If we find partners and live with them or we would like separation with no other partners - it is going to family court or Local Authority? Separation will be in power if we have a child arrangement from family court? Can we be separate or divorce at all if we have care order or SGOs???
Divorce when children are under care order
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Suzie, FRG Adviser
- Posts: 4234
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Divorce when children are under care order
Dear AJL2022
Welcome to the parents’ discussion forum and thank you for your post.
My name is Suzie, online adviser at Family Rights Group. I see that you are concerned about what will happen regarding your children who are under a final care order to the local authority and living with their aunt, your sister-in-law should you and father divorce.
Firstly, you continue to have parental responsibility for your children and so does their father and divorce will not change it. As the children are under a final care order the local authority also have parental responsibility for your children and can make decisions about them. It appears from your post that their aunt is caring for the children as a foster carer, and this means that she does not have parental responsibility for the children.
Secondly, should you and your husband divorce then, you and he can have contact separately and it will be for the local authority to ensure that the children have contact with both parents, unless it is not in the children’s best interest to do so. As a parent with parental responsibility, the local authority should share information with you about your children and invite you to looked after child (LAC) meetings. Please see information from our website about children in care under a court order here
You do not have to give up contact with your children to get a divorce. As stated above, as parents you can see your children separately.
If you or the children’s father wanted to apply to the court to discharge the care order later, then the order you could apply for is a child arrangement order (CAO) for your children to live with you. Parents cannot apply for a special guardianship order (SGO).
To obtain a divorce, the court must be involved as the process has to be started in court, but if you are both agreed and any financial settlement is agreed between you, it is unlikely would need to go to court a lot. I suggest you seek advice about a divorce from a family law solicitor, this link or speak to your local CAB.
I hope this is information is helpful.
Best wishes
Suzie
Welcome to the parents’ discussion forum and thank you for your post.
My name is Suzie, online adviser at Family Rights Group. I see that you are concerned about what will happen regarding your children who are under a final care order to the local authority and living with their aunt, your sister-in-law should you and father divorce.
Firstly, you continue to have parental responsibility for your children and so does their father and divorce will not change it. As the children are under a final care order the local authority also have parental responsibility for your children and can make decisions about them. It appears from your post that their aunt is caring for the children as a foster carer, and this means that she does not have parental responsibility for the children.
Secondly, should you and your husband divorce then, you and he can have contact separately and it will be for the local authority to ensure that the children have contact with both parents, unless it is not in the children’s best interest to do so. As a parent with parental responsibility, the local authority should share information with you about your children and invite you to looked after child (LAC) meetings. Please see information from our website about children in care under a court order here
You do not have to give up contact with your children to get a divorce. As stated above, as parents you can see your children separately.
If you or the children’s father wanted to apply to the court to discharge the care order later, then the order you could apply for is a child arrangement order (CAO) for your children to live with you. Parents cannot apply for a special guardianship order (SGO).
To obtain a divorce, the court must be involved as the process has to be started in court, but if you are both agreed and any financial settlement is agreed between you, it is unlikely would need to go to court a lot. I suggest you seek advice about a divorce from a family law solicitor, this link or speak to your local CAB.
I hope this is information is helpful.
Best wishes
Suzie
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