Reversing Special guardianship order

[MAAG19]

My daughter is 14 and for the last 9 years had lived with my aunt under a special guardianship order made 13 years ago. I have a 4 year old daughter who lives with me officially. I let children's services know when I was pregnant with her and they did all the checks and they were happy in my ability to care for her. Since before my 2nd daughter was born my other child has been at my home 99% of the time. The Sgo is still in place and my aunt still receives child benefit and tax credits and she gives me some of the money each week for my daughters food etc. For 4 years now I have taken care of my 2 children with no issues. Where do i stand in regards to reversing the sgo.

[MAAG19]

Anyone help with this please ?

[Suzie, FRG Adviser]

Dear MAAG19

Welcome to the parents’ discussion forum and thank you for your post.

I am sorry that you have not received a response to your post before now.

You have been looking after your daughter, who is now 14, for the last 4 years for what you say is 99 per cent of the time. Your aunt has a special guardianship order (SGO) for your daughter, so she must believe that you are able to care for her, especially as she provides some money for you to take care of her. Does your aunt receive payment of an allowance as a special guardian from children’s services, and are they aware that your daughter spends the majority of her time with you?

Regarding your position to reverse the SGO, you would need to seek permission from the court to apply to discharge the special guardianship order and for a child arrangement order to be made in your favour for your daughter to live with you. Would you aunt agree to this? You would need to attend family mediation before going to court, this is a requirement of the court.

Please read our advice sheet Special Guardianship: what does it mean for birth parents?. Pages 14-15 provides information about discharge.

You may be able to get advice from Child Law Advice 0300 330 5480, an organisation which advises on private law applications to the court. They do not provide advice to persons who already have a solicitor.

I hope this is helpful.

Best wishes

Suzie