Ask a Law Question, Get an Answer ASAP!
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.
Were the parents awarded any contact during those proceedings?
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!
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.
All the best.
Please do take a moment to rate positively - thank you!