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Getting child residency back (for friend)

(8 Posts)
LadyLu87 Fri 09-Oct-15 18:42:21

My friend was homeless at one point (he has given permission for this by the way) so he gave special guardianship to his parents of his son. These parents are now being difficult with him, and controlling, although he now has his own place and is slowly getting his life together. He wants to know if he can appeal now and get residency back?

They are making unreasonable demands on him in return for contact with his son.

How would he go about this and can he get residency now?

pocketsaviour Fri 09-Oct-15 20:26:23

I'm afraid this is a very specialist situation and I don't think anyone's going to have exact experience. I think he needs to get expert legal help, which I appreciate he may not now be able to afford, but he could maybe get some advice on the free half-hour consultation that most solicitors use? You could also repost this in the Legal board, might be more help there.

LadyLu87 Fri 09-Oct-15 20:33:40

Oh thank you. I think he just wanted to know if it was a possibility more than anything, at this point. Still a long way to go. Will try legal thank you

SherBear1971 Fri 09-Oct-15 21:03:08

Special guardianship orders can be changed ( I have a child under one) but obviously only by a court as it was granted by a court. Your friend needs legal advice...maybe from the legal team he had before?

pinkprimroses Fri 09-Oct-15 21:08:13

He could try Families Need Fathers for advice.

goddessofsmallthings Sat 10-Oct-15 06:15:46

When were your friend's dps made special guardians for his ds?

How old is the dc and does he have contact with his dm as well as his df? Has your friend been granted a Residence Order for his ds at any time and does he and/or the dc's dm pay maintenance for his upbringing?

Other than the statutory duty encumbent on the local authority to provide a report to the Court as to the suitability of the applicant(s) and other relevant matters, were Children's Services/social workers involved in your friend's decision to consent to, or not to contest, his dps application to be made special guardian(s) of his ds?

Special guardianship does not remove parental responsibility from the birth parent(s) but, by order of the Court, special guardians are given parental responsibility to the exclusion of all others with parental responsibilty for making both the day to day and all the important decisions for the child, such as which school they attend, until s/he becomes 18.

When the Special Guardianship Order was made did the Court also make a Contact Order in respect of the dc's contact with his df and/or dm and what 'unreasonable demands' are your friend's dps making in respect of his contact with his ds?

If your friend is unable to resolve any disagreement he has with his dps in respect of his ds directly with them, he's best advised to contact National Family Mediation on 0300 400 0636 and arrange an appointment.

If mediation is unsuccessful he can apply to the Court for a Specific Issue Order to determine the issue, or for a Prohibited Steps Order if he is seeking to prevent his dps from doing something he does not wish them to do in relation to his ds.

Your friend cannot apply to end the Special Guardianship Order without having first obtained permission from the Court and, if this is his intention, he should consult a solcitior who specialises in family law.

goddessofsmallthings Sat 10-Oct-15 06:20:29

a sol i citor !

LadyLu87 Sun 11-Oct-15 11:39:30

Apologizes for lack of reply! Was out and about yesterday and then totally exhausted. Thanks all.

Goddess thanks for your reply I'm not sure of all those things but I will find out this evening and post again. Thanks again

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