Do I have to take part in a special guardianship application?

[Boo007]

I have been taking maternal grandmother to court for access to my daughter for a year now, she has broken 10 court orders now and so I have had a custody which is part heard, we go back to court in April.

On Friday I learned that MGM has applied for special guardianship and the council wants to come and see me and where we live, do I have to take part in this charade?

I have read that the council must get all the reports in before 26 weeks, if not, it can't be heard............would love some advice please :/

Boo

[Suzie, FRG Adviser]

Hi Boo,
Welcome to the parents forum.

What kind of proceedings are in court at the moment? Is it care proceedings (when the local authority children services are the applicants) or is it private law proceedings –(child arrangement orders, non molestation orders).

The 26 week rule only applies to public law care proceedings.

Can you find out the purpose of children services visit?

When a party applies for a special guardianship order, then children services will carry out an assessment. Have a look a our advice sheet about
special guardianship orders , page 52 appendix 3 describes what must be included in an assessment for a special guardianship order. Having read this, you will see that children services will want to get information from you as a parent.

The other reason may be if the court in private law proceedings has ordered that children services carry out an assessment within the proceedings such as a section 7 welfare report or section 37 report.
Best wishes,
Suzie

[Boo007]

Hi Suzi and thanks for your reply,

I am taking MGM to court for custody in a private battle as she won't make my daughter available for contact, the final hearing (which is part heard) will be in April and I expect to get part or full time custody.

The judge said she is stupid to go for SG but it is her money.

Boo

[Boo007]

So do I have to take part?

I need to know before Thursday :/

[ange301126]

Dear Boo007,

If you need to know by Thursday, I advise you to consult your solicitor.
Alternatively, to obtain specific advice on that point from the FRG, to be sure of getting it before Thursday,you should telephone the Helpline,the number is on the homepage.

[Suzie, FRG Adviser]

Dear Boo007

In response to your further post, please refer to the response given on 9 March which referred you to the specific page regarding what is required in a Special Guardianship assessment.

You cannot be forced to cooperate with the assessment but it would give you the opportunity to give your views to the social worker preparing the report on why your daughter is best in your care rather than the maternal grandmother. Also, if you oppose the maternal grandmother's application you can give your reasons why.

Following the assessment a report will be provided to the court so your views will be before the court. If as you say the judge did not think it a good idea for the maternal grandmother to apply for the Special Guardianship Order, it may be better for you to take part than not. However, that decision if for your to make.

I hope this assists.

Best wishes,

Suzie