Legal Eagle: Can a parent apply to discharge a Special Guardianship Order?
A Special Guardianship Order (SGO) is a Court Order which is put in place to secure a child’s placement outside of their parent’s care, usually with a relative or somebody close to the family.
This Order is made in circumstances where the child cannot safely be cared for by either of their parents. An SGO provides a child with long-term stability and gives the Special Guardian enhanced parental responsibility for decisions about the child’s upbringing. An SGO will remain in place until the child reaches adulthood.
However, circumstances can change, and a parent may wish to have an SGO discharged so that their child can return to their care. In these circumstances, the Court must consider the circumstances of the case, with emphasis on the child’s welfare.
For a parent wishing to apply to discharge an SGO, they must first obtain the Court’s permission to apply. The Court will only grant permission to apply where it is satisfied that there has been a significant change in circumstances.
Every case is different and there is no specific definition for a significant change in circumstances, however this would likely be satisfied by a parent addressing the concerns which led to the SGO being made. The parent will need to be able to provide evidence of sustained change and positive changes made.
If permission is granted to apply, the parent can proceed with their application. The Court will then consider whether discharging the SGO is in the child’s best interests, taking into consideration a number of factors, including their welfare, needs, wishes and feelings, and the impact of changing their living arrangements.
Even where there has been a significant change in circumstances, this does not guarantee that the SGO will be discharged
Seeking to discharge an SGO can be a complex and emotionally challenging process. Obtaining early legal advice can help you to understand your options, assess the strength of your case, and prepare the evidence required to support your application. Our family law team can advise you on the relevant legal tests and funding which may be available to you in relation to your application and representation.
If the above situation sounds similar to yours or you have another family matter you would like advice on, please do not hesitate to get in touch on 0191 565 3112 or via email at [email protected] Visit www.benhoarebell.co.uk for further information.