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My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.
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Very happy to assist. This is however a highly unusual application.
Could you possibly upload the section of the application that details the reasons for the application? This will better enable me to advise you on the issues you need to consider. You can attach as a PDF or as a screen grab/ photo, via the paperclip of file symbol.
Thank you - that is actually helpful.
As he is not a legal parent, he has to ask the court for permission to apply for the order, which may of course not be granted.
If you are able to show the court that his application has no merit, and he has no standing to apply for the order, then the court could simply refuse him permission to even proceed with the application and the matter would go no further.
Special guardianship is a serious matter - it effectively replaces the birth parents with a substitute parent. It would remove your rights as a mother. If there's absolutely no justification for this then the application should not get past the permission stage, if I am honest.
The application should state why he is applying though, and to be fair to you, you need to see this to be able to present a coherent response. Do you have a copy of the C1 form that he submitted, or a supporting statement form him for example?
It's totally up to you whether you hire a lawyer - though you may not need to. If you can produce a position statement to outline why the application is without merit or good reason that will assist the court though, and it takes the pressure off you having to remember everything you want to say at the court hearing. I assume the hearing is by telephone/ microsoft teams? Or is it in person?
I would have expected a distance hearing for this. Anyway, it makes little difference.
I would suggest you put together.a formal statement, attach any evidence you have in support such as supporting statements.
Don't simply email the judge, email the court admin desk with the case reference and attach your statement.
I trust that this assists?
I didn't hear from you, but I trust that the information provided was of assistance.
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.