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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1084
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Is it lawful/correct to apply SGO in your name if the

Resolved Question:

is it lawful/correct to apply for an SGO in your name if the child is to be living with someone else for the majority of the week? The other person is a grandparent (an ex-partner). I am asking on behalf of the other paternal gradnmother
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
If the SGO is currently being applied for before the court then there is no law that prevents that application being made.
The Local Authority have to complete a Suitability Report in relation to the Application. This is a full report which includes speaking to references and the child (when able to speak and in a child friendly way).
The Local Authority will make a recommendation in their report as to whether an SGO being granted is the best option given all the circumstances.
If the order has already been made then they can be varied or even discharged on application to the court - if the court considers that this is in the child's best interests to do so.
If a relative is being denied a relationship with a child - they could apply to court for a Child Arrangement Order to spend time with the child - on Form C100. They would have to attend a mediation session first before applying to court. One such service is www.nfm.org.uk
Grandparents don't have automatic rights to make an application so they would also have to ask permission of the court on Form C2.
If you have any concerns about the child then you should report these to Social Services for further investigation.
Kind Regards
Caroline
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