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 ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My daughter lives with me under a special guardianship order

This answer was rated:

My daughter lives with me under a special guardianship order which was in mine and my late husbands name. I would like to emigrate to Australia in the not too distant future and as she is only 12 I need permission from the courts. Can you tell me how I can go about this? I do not have a lot of funds I’m afraid but need to do this before I can go any further. Thank you. *****

Hello Sheila

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- who else has parental responsibility? is it the birth mother and anyone else? have you spoken to them about the possibility of moving? what have they said?

kind regards

Caroline

Customer: replied 3 months ago.
Hello Caroline,
Myself and my late husband were the only ones with parental responsibility, whereas the birth parents were allowed written contact twice a year which the father has never taken up but her mother sent around four cards but not since my daughter was around 4 or 5.
Kind regards
Sheila

Hello Sheila

Thank you for your response and for clarifying that for me.

Just to let you know that when a court grants a special guardianship order, that type of order does not remove the parental responsibility that the birth parents would have had but what it does do is give you superior parental responsibility thus allowing you to make the day to day decisions for your daughter.

What you are probably aware of, is that as her special guardians, should you want to move abroad then the permission of the birth parents is still required. (The mother will automatically have PR and the father may if he was named on the birth certificate, or if the birth parents were married, or if an order was made later granting him PR).

First step in relation to the move is to refer to family mediation. You have to do this otherwise the court will reject your application.

Google family mediation in your area and give them a call to self refer.

Mediation is independent and will try and help you reach agreement with the birth parents without the need for an application being made to court if they will agree.

If they won't engage in mediation or agreement cannot be reached then the mediator will sign the form that you need to apply to court.

The court form is the C100 Form and the court fee is £215 although you may be eligible for a reduction or remission depending upon your means.

You are asking the court for an order to allow you to permanently relocate to a different jurisdiction.

The court will ask Cafcass to prepare a report about the proposed move and whether it is in your daughter's best interests. The fact that the parents have had so little contact over the last 8 years will work in your favour.

Please do let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you.

Customer: replied 3 months ago.
Thank you so much for your help.
Kind regards
Sheila

Hello Sheila

Thank you for your kind words. Glad I could help.

If you are happy with the service please do kindly remember to star rate my help otherwise the site just keeps your payment and we receive your payment.

If I can help you further then please do not hesitate to ask

kind regards

Caroline

ukfamilysolicitor and other Law Specialists are ready to help you