Dear AU123
Welcome to the kinship carers’ forum. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.
I am sorry to hear that you are having such a difficult time. You became a special guardian for a young child last year. Her mother has been very sporadic in terms of having contact with her child and you have been put in the middle trying to support contact with her other child too. Unfortunately, she has not been able to prioritise her child’s needs properly. She has failed to keep to arrangements and now has asked to see the child again after 4 months of not seeing her. You were concerned that her mother’s lack of consistency is not fair on the child and so suggested that she get some advice about this. This resulted in the child’s mother threatening to take you back to court.
You are upset at how she has responded to you and worried that the child may be returned to her mother.
You have had helpful and supportive advice from Robin, an experienced kinship carer, as well as recommendations for support for yourself.
I would also like to reassure you that it is very unlikely that a court would agree to end the SGO and return the child to her mother, after one year and when her mother has been inconsistent in keeping in touch with her child. As Robin rightly said, she has not automatic right to go back to court to ask that the SGO be ended. She needs the court’s permission first which the court would only give if satisfied that:
There has been a “significant change of circumstances” since the special guardianship order was made and there is a chance that the application to end the order will be successful, and it is in the child’s best interests for the application to be heard.
It may be that the child’s mother was referring to going back to court in relation to contact with her daughter. When the court made the SGO they either made a Child Arrangements Order setting out the arrangements for the child to see her mother or they may have left contact to you, her Special Guardian’s discretion e.g. for you to decide based on what is best for the child.
Contact is always about the child’s needs and decisions made are based on her best interests. If she is unhappy with the contact she is having, she can go back to court in relation to an existing CAO or to apply for a CAO. However, the court will consider how she has engaged so far and how she has worked with you.
I agree with Robin that you should:
• Contact the Special Guardianship Support Team in the local authority area that was involved when the order was made. They should be able to support and advise you and offer mediation to help sort out contact arrangements.
• Access support for yourself either via a
kinship care support group or
Kinship’s Someone like Me peer support service.
If the child’s mother does make a court application, then you can get
private law advice from one of the following services:
•
Child Law Advice. They do have a telephone helpline which you can reach on 0300 330 5480. In addition, they offer helpful information and guidance for parents/carers in your type of situation and have ‘how to’ guides that you can download for around £2 each. Please do check out their website.
•
Advicenow is a website that helps you find the best information and advice for your legal problems. You can choose from a range of categories, such as divorce and separation, child custody and residence, and more.
Rights of Women. Their family law telephone advice lines can advise you on divorce, cohabitation, parental responsibility and arrangements for children, domestic violence and abuse, finances, and property on relationship breakdown, and more.
I hope this is helpful.
If you have a question about your family’s involvement with children’s services, please do contact us again. You can repost on this forum or send us an
advice enquiry form detailing your current involvement with children’s services and your specific question.
Our Advice Service also offers:
•
Easy to follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• A
webchat service where you can message an adviser online, who will help you find information and advice to support you.
• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366.
Best wishes
Suzie