How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

We have an SGO grand daughter. Now my daughter is getting

Resolved Question:

We have an SGO for our grand daughter. Now my daughter is getting better, she is asking for her child to be returned to her. Is this something we can do between ourselves or does it have to go back to social services and the courts?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your question.My name is ***** ***** do my best to help you but I need some further information firstWas the child placed with you by Social Services to start with?
Customer: replied 2 years ago.
Initially, yes, then Dad had her for nearly 12 months. Social services were opposed to her going to dad's as He was totally unsuitable. We were encouraged to apply for and SGO and fought hard in the court until the 'children's guardian' favoured us.
Now mum is getting better she wants her to return to her.
Expert:  Clare replied 2 years ago.
What was the problem with your daughter?
Customer: replied 2 years ago.
She has mental health issues and a drink problem which is now under control
Expert:  Clare replied 2 years ago.
How old is the child - and what independent evidence do you have of your daughter's recovery?
Customer: replied 2 years ago.
She is 10. We have no independent evidence of her recovery. We do see her regularly and she stays with us sometimes too. She has had a medication review and is much better now.
Expert:  Clare replied 2 years ago.
What plans do you actually have for transferring the care of the child to your daughter?
Customer: replied 2 years ago.
None as yet we wanted to find out where we stood and if there were any legal implications if we did say she could return.
Customer: replied 2 years ago.
Are you still there!
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 2 years ago.
My apologies for the delayAs things stand it is you as Special Guardians who can determine the way forward.However you do need to be very carefulIf your daughter is not as well as you believe and matters deteriorate again and Social Services become involved the fact that you had allowed the child to return to her mother will almost certainly mean that you will no longer be considered as suitable carers and the child may go into care.You need to show that at every stage you prioritise the needs of the Child and the wishes of your daughter.This will mean a very slow transition of care and clear support and assessment mechanisms in place to ensure the safety of the child.Certainly you will need to have clear evidence that she is still dry and has her Mental Health under control.If you take it slowly and ensure you retain a very close oversight then after say a year you could apply to have the SGO vacatedI hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you so much. That was more or less what we thought but it's good to have it confirmed. Thank you again.