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Which court do we apply to?

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MandyLou
Posts: 50
Joined: Sat Nov 17, 2012 10:23 am

Which court do we apply to?

Unread post by MandyLou » Mon Sep 02, 2013 2:38 pm

I'm a bit confused!
I was looking into applying for SGO for the little one. We have a residence order for him. The thing is we are likely to move in the fairly near future and we will be living in a different county.
On the advice sheets it says you should apply to the court closest to where the child lives, unless there are existing proceedings.
Does this mean that if we wait until after we move we would have to apply back to the court where we obtained the residence order? Or will it go to the court where we live? I wasn't sure if 'existing proceedings' just meant proceedings that are underway at the time, or also those which have concluded with the making of an order.
Does anyone know? :?: :?

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Suzie, FRG Adviser
Posts: 1145
Joined: Thu Jul 28, 2011 12:25 pm

Re: Which court do we apply to?

Unread post by Suzie, FRG Adviser » Wed Sep 04, 2013 11:00 am

Hello MandyLou

My name is Suzie and I am an adviser at FRG.

Existing proceedings would refer to court proceedings that are still ongoing. As your residence order proceedings have concluded, therefore, you should approach the court in your new local area to issue an application for an SGO.

Before you apply to court, you will need to give 3 month's notice to the local authority that you intend to apply for the SGO. Again, this will be the local authority that you are living in at the time.

I am not clear whether Children's Services continue to have any on going involvement in little one's life?- is he subject to a Child in Need plan? If Children's Services do remain involved, it would be advisable to discuss your plans with them now to seek their view and advice.

I hope this helps.

Best Wishes

Suzie
FRG Adviser

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