Family Rights Group | Kinship carers’ Forum

Good morning
Wondering if anybody can help
We have our court date for our SGO hearing
We have full support of local authorities and guardian
Dad is against it happening
Parents have a tendency not to show up to court to delay the proceedings
What will happen if they don’t show up to SGO hearing will it still go heard or will we have to wait for parents so get re scheduled

In my personal experience, the judge will simply confirm that the missing party has been properly served notice. One case we were involved with (Not SGO, but a final hearing in the family court) the judge adjourned for 30 minutes (to hear another case) having asked the barrister for the child to ask the solicitor for the child, to contact his counterpart for the absent parent who was happy to confirm he had been instructed not to attend. The hearing went ahead unhindered.

If this has happened a few times, the judge will be aware of that. They look for confirmation that it's a deliberate decision not to attend such to avoid the possibility of an appeal in that the missing party had either not been served, or had been unavoidably delayed on the way to the court.

@Suzie the FRG advisor may have a different perspective.

Best wishes .... Robin

Crazykids17 wrote: Wed Oct 23, 2024 1:19 pm Good morning
Wondering if anybody can help
We have our court date for our SGO hearing
We have full support of local authorities and guardian
Dad is against it happening
Parents have a tendency not to show up to court to delay the proceedings
What will happen if they don’t show up to SGO hearing will it still go heard or will we have to wait for parents so get re scheduled

Dear Crazykids17

Thank you for posting again.

I see that you are concerned about the forthcoming hearing for your special guardianship order application should the parents not attend the scheduled hearing.

You have had some useful advice from another poster.

I would say that as it is a first hearing, should the parents not attend the judge may direct that they attend the next hearing. The hearing would be effective as the judge would give directions (what happens next before next hearing).

As the father is challenging your application if he choses not to attend this first or future hearings, the judge could dismiss his application to oppose.

The child’s welfare is the court’s main concern, and the court will make the order if considered appropriate but the father, if he is actively opposing, will be given a chance to attend before a decision is made. The parents could provide medical certificates or letter from professionals to explain their non-attendance, but this is unlikely to work over several hearings unless hospitalised.

As you are supported by the children’s guardian and children’s services, I do not think you need to worry to much about the parents. The judge can make an order in their absence if they disregard directions to attend. The judge might attach a penal notice to an order for them to attend, this means they are ordered to attend and failure to do so could result in arrest.

I hope this is helpful.
Best wishes

Suzie