Contact arrangements

[poppitt18]

Hello, I'm wondering if someone could help me or be able to signpost me? I would really like a template letter that I can send to my child's guardian to request for extra access.

The background info:

My daughter was removed from my care due to domestic violence and mental health issues. She was then placed with her paternal great aunt who resides in Scotland. She has been there since 2015. In the final court agreements, it was stated that it was up to the guardianship family to increase contact arrangements and get rid of supervision. They felt this should be done from 2017. This has not been the case.

So for 10 years I've only had 3 x 1 day supervised visits a year and 1 a month supervised phonecall.

At the time social services and my solicitor made me believe I had given up PR. I went to see a solicitor in England last year. Who looked through my court paperwork briefly and said this is not the case. They advised I would need a Scottish solicitor. I have been in touch with one. Both solicitors advised me to write a letter stating what I am asking for. But I just feel so overwhelmed by it. I'm wanting to deliver the letter in person. And I have a contact arranged soon. Due to being AuDHD, I know I've left it untill the last minute. I'm hoping the letter could be informal at get us to have a conversation

Many thanks

[Suzie, FRG Adviser]

Dear poppitt18

Thank you for your post and welcome to the forum. My name is Suzie, I am an online adviser and will be replying to you today.

You are seeking to increase contact between you and your child. Your child was placed with a paternal great aunt in Scotland due to domestic abuse and mental health concerns. I will assume they are being cared for under a special guardianship order and that this order was made in England.

At the conclusion of care proceeding, the court suggested that, over time, there should be potential for contact between you and your child to increase and move from supervised to unsupervised. This has not materialised, contact remains the same as it was 10 years ago – three times a year, supervised, with monthly telephone contact.

You want to find a way forward and have sought legal advice. They have suggested you write to the guardian to outline your thoughts in an attempt to begin a dialogue with them. You are keen to do this but are feeling overwhelmed at the prospect and wonder whether we have a template letter to support you with this.

You say at the time of the order being granted you were led to believe that you no longer retained parental responsibility for your child (PR). Since seeking advice from a solicitor, you now know this not to be correct. You still retain PR (PR is only revoked if a child has been adopted). However, it is important to point out that whilst you retain this, the person(s) named on the SGO may exercise parental responsibility to the exclusion of all others. This means that they have overriding authority to make decisions for your child which includes contact arrangements for them.

We do not have a template letter to support you with this. I think, in the first instance it would be a good idea to access information from The Family Mediation Council. Please clink HERE for the link that will take you to their website. This organisation has a facility to find a mediator suitable for your type of situation. There are costs to this services which are highlighted and discussed on their website. I have also added HERE a link to Relationships Scotland. They too provide advice, support and mediation services to people residing in Scotland.

If this is not successful you may wish to take the matter to court. In doing this, the court will take a view on what they feel is the most appropriate contact arrangements for your child and they may make an order setting this out. At Family Rights Group we provide information and advice regarding law and legislation in England. We do not cover Scotland. We are not funded to do so and due to some laws and legislation being different to that of England, it is outside of our area of expertise. I have added a link HERE that you may find helpful. It is to the Scottish Law Centre. They provide a specialist hub advising all ages of children and across all areas of child-related Scots law. I think this would be a good place to start.

I hope you find this information helpful. If you would like to talk to an adviser at Family Rights Group about your situation, please call the freephone advice line on 0808 801 0366, Mon to Fri, 9.30 am to 3.00 pm. If you prefer, you can post back, use our advice enquiry form or webchat. Please our website site for further details.

Best wishes, Suzie