Opposing application by dad for parental responsibility

[Pixiedust2015]

Hi,

Me and my husband are in the process of obtaining an SGO for our 6 month old grandson. His mom (my husbands daughter) basically abandoned him with us when he was 6 months old. He has never met his dad as they split up months before he was born.

His dad has drug and alcohol issues and has never bothered to engage with social services and the care proceedings and hasn’t once sent us a message asking how his son is. He is aware of him but has made absolutely no effort. He’s not on his birth certificate so doesn’t have parental responsibility for him and isn’t part of the court proceedings.

My stepdaughter has rang me today to say that my grandsons dad has sent her a message saying that he has contacted the social worker for my grandson and they are sending him the paperwork. This doesn’t sound right to me as he (1) doesn’t have parental responsibility and (2) isn’t party to the court proceedings.

What I want to know is that IF he makes an application for parental responsibility what grounds would we have for opposing it. I know the SGO gives us overriding parental responsibility and final say in decisions for our grandson but he hasn’t bothered with him since he was born and I don’t see why he should be granted PR just because he is effectively the sperm donor.

What would our chances be of successfully opposing any application for PR by him?

[Suzie, FRG Adviser]

Dear PixieDust2015

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

I am sorry to hear about your difficult family situation. My understanding is that you are currently caring for your baby grandson, as kinship foster carers, and that you and your husband have been positively assessed as special guardians for him. It is good to hear that you have been able to keep your grandson safe in his family and that you may be able to offer him a safe and stable home under a Special Guardianship Order (SGO).

However, I think that the care proceedings may still be ongoing and, if so, the Special Guardianship Order, giving you parental responsibility, has not yet been made. If I have misunderstood, please do let me know.

Your grandson’s father has not been involved with his son or the court case until now. He has recently contacted the social worker wanting to be involved. You are very worried about this due to his history of drug and alcohol issues and his lack of involvement to date. You are therefore querying how you can oppose him obtaining parental responsibility for his son. You don’t think that he will be made a party to the proceedings or able to acquire parental responsibility.

It is not unusual for a father or a family member to come forward late in proceedings. The court’s main concern is the child’s welfare and his rights including to know/know about his father and his father’s family or be cared for by him, if that is safe and in his best interests. So, the care proceedings process allows for a father without parental responsibility to be involved. This is explained in more detail below:

A father in this situation will:

 Not automatically be a party to proceedings
 Receive notice that care proceedings have been issued (started) and the first court hearing date.
 Usually be made a party to the proceedings by the court at the first hearing. This is known as being ‘joined’ to the proceedings. A solicitor can help with this.

A father who becomes a party to care proceedings will then be able to see take part fully. This includes seeing all the court papers. He will be entitled to legal aid to get free legal advice.

It is likely therefore that he will be able to join the proceedings. However, the court considers very carefully whether to make a parental responsibility order. This link here explains in more detail what this involves. In brief, the court presumes the involvement of the father in the child’s life is a good for the child (‘will further their welfare’) unless:

There is evidence to suggest involvement with the child would put the child at risk of suffering harm and this would be the case, whatever the form of the involvement.

As a grandparent, you may not be a party to the proceedings. However, if you are and especially if you have a solicitor, you can of course discuss your concerns with them or raise with the court.

As you know, part of the special guardianship assessment focuses on gathering information about both of the child's parents, both parents' and potential special guardians' wishes and feelings about how/if parents will keep in touch and of course must include an assessment of whether a parent poses a risk of harm to the child, or others. Children’s services, the Guardian and the court would carefully consider any future contact prior to the making of an SGO. They would actively seek and consider your views as part of this.

I hope this helps.

Please post back as needed. If you prefer, you can call the freephone advice line on 0808 801 0366, Mon to Fri 9.30 am to 3.00 pm or use our advice enquiry form or webchat facility.

Best wishes

Suzie