Sgo

[Mol165]

Sorey this may be long.... My son was placed under sgo in 2016.
I have applied to end the sgo and had a court hearing monday and found out my son has been living with his dad for 2 months (he is not the sgo holder) he has never been a constant figure in my sons life. And was stopped from seeing him for around 2 years. He had one contact with a social worker in feb and now my son is living with him. We decided in the hearing that our son would stay with dad as sgo holder is not coping. But what I want to no is do I still have a chance at ending the sgo now my son is with dad for the next few weeks? His dad has said for years he wants to get more contact, but has never done anything about it untill I said I was taking it to court.
He was my abuser and was a drug addict and spent alot of years in jail for numerous things on and off. He has changed but his relationship isnt solid at the minute as he wasnt eith his partner in jan/feb or living at home.
I am living in a reguge but its isnt shared it's my own flat with plenty of room for my son to come home.
There has been accusations of me being a drunk and a drug addict. Which is not true and my support worker has stated this in a letter. Alcohol used to be a problem but no longer is. And hasn't been for over a year. I no longer have mental health services either. And have reduced my medication on my wish to do so. I have changed alot, and worked very hard on turning my life around. And have my other sons grandparents on my side, and support workers.
Has anyone experienced similar and won in court? I'm self representing aswell. I just want what's best for my son and I believe that is coming home to me. But still having contact with his dad if it is deemed appropriate.

[Suzie, FRG Adviser]

Dear Mol165

Welcome to the parents’ discussion forum and thanks for posting.

My name is Suzie, online adviser, at Family Rights Group. I see from your post you have applied to the court to discharge the special guardianship order made in respect of your son in 2016. You are concerned that your son is now living with his father and not the special guardian.

It is not clear from your post but, I assume, that your son may have been in the care of a member of the paternal family since he is now back in his father’s care. Do you know if children’s services was informed of this change since of residence, if they were paying special guardianship allowance to the special guardian they should have been informed. Also, the special guardian could have sought assistance from children’s services. It has been two months since your son has been in his father’s care has this happened due to the current situation with the corona virus? You say that the father made contact with children’s services in February, was this so he would be able to see his son?

From your post, it appears that both you and your son’s father have had difficulties in the past which led to your children being placed in the care of others. You have both, it seems, been able to turn your lives around and made changes.

You say that drugs and alcohol are no longer an issue for you. If you have been having support and regular tests then this would be evidence for you to provide to the court.

At present, it has been agreed for your son to remain with his father but you are concerned about the likely success of your application to discharge the special guardianship order. Both you and your son’s father are now involved in this case and the outcome is will depend and what each of you is asking from the court. Your post does not say if the father is asking for an order for son to live with him as you are doing. Is the special guardian opposing your application to discharge the order?

At present, you are living in a refuge. How secure is your accommodation for the long term? Will you be in more permanent accommodation in the near future? It will be important to show the court that you have appropriate accommodation and that your circumstances have significantly changed from how it was when your son was removed from your care. This will be the same for your son’s father.

The final decision will be for the court to make after the considering all the evidence provided and what is considered to be in your son’s best interest and will be his welfare needs now and in the future.

You may find it helpful to read our advice sheet Special Guardianship: what does it mean for birth parents?.

If you do not have a solicitor and you are representing yourself, you may find it useful to contact Child Law Advice on 0300 330 5480. This organisation offers advice to persons in private law matters as in your case.

I hope this information is helpful.

Best wishes

Suzie