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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4708
Experience:  LLB (Hons)
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I have an special guardianship order and my grandchild now

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I have an special guardianship order and my grandchild now wants to live with her dad and his family. Do I have to inform the mother who had the children taken from her.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing yet. I don’t really want to let the mother know. My grandchild has had no contact with her for over a year
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hampshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that the mother involved the children with paedophils the mother also took drugs. I also have no idea we’re she is living now

Hi, I'm Lea and I have reviewed your query.

How long ago was the SGO granted?

Was the father involved in those proceedings?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
The SGo was granted December 2017. My son was involved throughout and the only reason she did not go with him is because at the time he was,to quote, sofa surfing. He is now married and in employment and he and his wife rent a house

Were the parents awarded any contact during those proceedings?

Customer: replied 1 year ago.
Mum had supervised for a year six sessions in that year paid by local authority then when that finished she had to arrange and pay for supervised contact and she never did. Dad has unlimited access he done nothing wrong

As your SGO gives you parental responsibility that outweighs the parents PR (both of them as whilst the father did nothing wrong, the order was clearly made to you and therefore impacts on the father's PR too), then you should apply to the court to vary or discharge the SGO on the basis that the father wishes to resume care of the child. You would use form C1 to apply to vary or discharge the SGO.

The alternative way is for the father to apply for a child arrangements order for the child to live with him - you will be the respondent in the case and can, of course, support this move. This application is made on form C100.

If I can't clarify anything further for you, would you kindly take a moment to rate positively as that is how I am paid for assisting you today - thank you!

Customer: replied 1 year ago.
thank you but going back to my original question do we need to notify the mother?

Yes, because you can't just hand the child over to the father - you have to vary or discharge the SGO - therefore the mother will be notified of the court proceedings.

Customer: replied 1 year ago.
Thank you

You're welcome.

All the best.

Please do take a moment to rate positively - thank you!

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