Discharge of an SGO

[DadH]

Hi all,
My children are currently under an SGO with my parents since may 2022 after a 12 months of proceedings ,which started may 2021 ,,but I am now trying to get the SGO discharged, since my children have been under the SGO I have completed the alcohol rehab work the court asked, completed my counseling and talking therapy work and have continued to stay sober since may 2021 and have I have applied for divorce from the marriage where there was alcohol abuse and domestic abuse on both parts, I have admitted that I more then played my part in the domestic abuse and did cover the topic and my behaviour during my rehab work and counseling,, I now have my own 2 bedroom flat and since may 2021 have rebuilt my relationship with my children (2 boys aged 13 & 7) I see my boys most days and have unsupervised access which allows me to have my boys stay over at my flat from a Friday to a Sunday and extra days/or a week at a time during school holidays I have an active part in the boys schooling doing school runs and attending school events and have even taken the boys on two caravan holidays, I know I am very lucky to have such a big part in my boys life but feel I am in the right place now to have my boys returned to me on a permanent basis , my parents (SG's) agree with me that it would be safe and appropriate that my boys return to me and they would then become my support network so it would basically be a role reversal so to speak ,,and my boys are also asking and expressing there wishes to move back in with me ,as myself and my parents are all in agreement would we still need to go through another court case to discharge the SGO when we all are in agreement of what we think is best for the boys or as the special guardians do my parents have to right to make the decision of returning my boys without the need for another court case?
Many thanks in advance for any help/advice you can offer

[Suzie, FRG Adviser]

Dear DadH

Welcome to the parents’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

You are enquiring about your two boys returning home to your care. They are currently living with your parents under a Special Guardianship Order (SGO). Your parents agree that the boys should live with you. You are wondering how you can go about this.

You describe how you have made a number of significant changes since the boys’ situation was considered by the court in what I think were care proceedings. You have accessed the recommended support around alcohol misuse and completed counselling. The work you did as part of your alcohol rehab and counselling included a focus on domestic abuse. You could also consider doing a specific domestic violence course with an organisation such as Respect. I understand that you acknowledge that there was domestic abuse from both you and your wife. Respect services address the needs of perpetrators and victims. You are in the process of divorce too. You have regular unsupervised contact. I think, from what you say, that the court have left decisions around contact to your parents’ discretion. You have also now got suitable accommodation for your children.

You have worked very hard to rebuild your relationship and to be an involved father. This must have taken a great deal of determination and effort on your part which it seems that your parents recognise too. This should be acknowledged. I hope that you continue to move forward.

Applying to end a SGO is a private law application so I will provide you with details of services who can provide both you and your parents with specific legal advice or practical support in relation to this. You can get legal advice from Child Law Advice (Family) on 0300 330 5480 or by email. Support through court provide practical and procedural help to people in court without a solicitor. They do not provide legal advice.

The information below may also be helpful to your family.

SGOs can come to an end. Only a court can end an order though. If your parents exercise their parental responsibility under the SGO to return the children to your full-time care, without asking the court to end the SGO, then they would remain legally responsible for them and for their decision. This would leave you and the Special Guardians in an ambiguous situation. As the care proceedings ended a year ago, professionals involved with your children e.g. school may query their legal status. You and your parents could discuss the proposal for the children to return to your full time care with children’s services, in view of their quite recent involvement. Your parents could ask children’s services’ advice on whether they agreed that this was suitable. If your parents receive a SG allowance for caring for the boys they would need to notify the Special Guardianship Support Team too. They would no longer be entitled to the allowance if the children do not live with them.

I am including information from our website about special guardianship and what it means for birth parents here. As a parent, you need the court’s permission to apply to end the SGO. This would be based on a significant change of circumstances. As Special Guardians, your parents do not need permission. They have a right to apply.

I would suggest that you or your parents discuss the situation with Child Law Advice to find out more about how to bring the SGO to an end legally.

If you have any queries about children’s services please post again contact the advice service via our:

• Freephone advice helpline, open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366.
• Web chat, or
• Advice enquiry form.

Best wishes

Suzie

[DadH]

Thank you Suzie I have contacted and already received a reply from CLA and I now have the information needed to apply to the courts in discharging the SGO , many thanks for the reply and your time
DadH