SGO - ADVICE NEEDED - EXTRA CONTACT

[TH19A]

Hi,

I need some advice where I stand legally.

I have 3 Siblings whom are under the SGO, they were originally under foster care but since 2 years ago have been under SGO. I opted and voted for this as this is what my siblings wanted. The SGO CARERS and myself had a really good relationship through outh out the foster/SGO court proceedings. I was the only blood relative whom supported their decision as i was only thinking of the Children wanting a normal/ happy life.

Now this has changed, I was seeing my siblings 1/2 a month. Now they have reverted back to the court documents which say I can only see mys siblings 6 times a year - i appreciate this is what the judge said, but on application they promised me if i agree to SGO they would let me see the children and we could go on holiday and have sleepovers (we have done all of this) and now it has just changed!. I have told my siblings and they are so upset. (shouldn't the SGO put the children first?) The children have said they want to see me more but the SGO CARERS wont allow it. They have personally attacked me on email and said "they no longer like me" they keep telling the children lies about me saying that I am in contact with the birth parents (mum and dad) but I am not and have not been since the day they went into foster care/SGO placement.

I feel used, they have been friendly for the SGO application and they requested i support them for the surname changed, now all this has happened they have attacked me verbally, spread lies. If the children want to see me more and the judge and SS workers in all documents have never put anything bad against my name then surely I have a good stance?

The SGO CARERS never put the children's wishes and feelings first, i have seen how they treat them although this is not physically attacking them just mentally they are very hard on the children and seem to forget they have a past and have witnessed stuff children shouldn't at such an age. the SGO attitude is " well they have been with us long enough they should be over it by now"

Can i go back to court to request extra contact?

Any information would be greatly appreciated, I am at the end of my tether with it all. They are trying to get rid of me as i am the last link and blood relative, this has been nearly 9 years the Children have been under SS /SGO, and I have never backed down and always been so supportive but now for my sanity I need to know what is the last road i can go down.

Thanks

[Suzie, FRG Adviser]

Dear TH19A

Thank you for your post and for joining the discussion forum. I am sorry that, unfortunately, due to workload your post did not receive a response.

It is a shame that you have been having a difficult time regarding contact with your siblings and the situation you describe in your post is a sad one in respect of the treatment you say you are now receiving from the special guardians following the special guardianship order being made.

You say you supported a change of surname but this would need the agreement of the parent or parents with parental responsibility or the court ordered the change for the benefit of the children. In your post you also mention that the special guardians are telling the children that you are in touch with your and their parents, is there a court order saying that you cannot be in touch with your parents or is this because it was felt that if you are in contact with them this could affect your siblings’ placement. It would only be in exceptional circumstances that children would not be able to see their birth parents for example, in a situation where the children’s welfare would be compromised if they have contact and the court said this should not happen.

Having said the above, if there is an order that you have contact 6 times per year and the special guardians have decided to stick to the court order they are not doing anything wrong. I understand your frustration because of what was happening before the order and what you say you were told about contact. If you wish to have more contact with your siblings, then you could make an application to the court to ask for contact to be increased. The special guardians would be able to challenge this and give their reasons to the court why they think more contact is not in the children’s best interests. I do not know your siblings’ ages but their wishes and feelings would be considered by the court and the older they are the more weight the court is likely to place on their wishes. It will be for the court to make a decision and this will be based primarily on the children’s welfare and what is best for them.

It is possible for you to represent yourself at court as legal aid is not readily available for this type of case. It might be helpful for you to seek further advice from Child Law Advice on 0300 330 5480 if you intend to make an application to the court. They offer legal advice on private law proceedings which is what your case would be. If you have a solicitor advising you then they are unlikely to assist you.

I hope you find this helpful

Best wishes

Suzie

[TH19A]

Hi Suzie,
Thank you for your reply - really is appreciated.

Children are 17, 13, 8. 13 and 17 year olds have openly expressed they want to see me more but the SGO are using it as punishment to me. The older two text me and express that the SGO use my contact as a punishment to them. For example if they misbehave they cannot come to contact as they're grounded.

Parents have not been in the loop for 9 years, I was the only blood relative whom attended court and the judge valued my opinion due to my close bond with the siblings. When this originally went through court I was under 18, a minor.

I am not wanting to challenge the SGO but to challenge contact as the children have openly admitted they wish to see me more. I just dont know how to do this.

Thank you

[Suzie, FRG Adviser]

Dear THA19A

Thank you for your further post.

I note that you do not wish to challenge the special guardianship order but wish to have more contact with your older siblings.

The way to go about having more contact would be to make an application to the court for a child arrangement order. You would need to try family mediation with the special guardian first of all as this is required by the court to see if agreement can be reached. If not, you could then submit a C100 application to the court. You can download this form from the internet or obtain it from your local family court.

As previously, explained this would be a private law application and, as such, you can seek advice from the organisation that specializes in private law advice. Please contact Child Law Advice on 0300 330 5480.

I hope this helps.

Best wishes

Suzie