Custody Rights

[Staceyanne1978]

I have a special guardianship order for my two granddaughters currently 7&9. They have been with me for 6 years. My son and his partner, their parents, say they intend to go back to court for custody. I don't think they've changed. Can I argue this in court? 

[Canary42]

You need professional advice, not casual internet lore.

[DDIL]

AI found this

 

Parents can appeal a Special Guardianship Order (SGO) by applying to the court to have it discharged. To do this, they need to demonstrate a significant change in circumstances since the original order was made, and it must be in the child's best interest to discharge the order. 

Here's a more detailed explanation: 

Significant Change in Circumstances:

The court will assess if the changes in circumstances are substantial enough to justify altering the original order. 

Child's Best Interests:

The court will prioritize the child's welfare and consider the impact of any changes on their well-being. 

Application to the Court:

Parents must formally apply to the court to have the SGO discharged, providing evidence to support their case. 

Legal Process:

The legal process for challenging an SGO can be complex and may involve legal representation and court hearings. 

Review of Evidence:

The court will review all evidence presented, including reports from social workers and other professionals, to determine the best course of action. 

Factors Considered:

The court will consider various factors, including the child's wishes and feelings (depending on their age and understanding), the parents' ability to provide care and support, and the stability of the child's current living situation. 

In essence, the court aims to ensure the child's best interests are paramount when deciding whether to discharge an SGO.