Court guardian

[poppet31]

Hi everyone. Just needing some reassurance. Our adoption order is being contested by birth parents. We had our directions hearing last month and our next hearing is later this month. Our son has been appointed a guardian by the court who has to submit her report by the start of next week. We were told she would speak to us but she hasn't been in touch and we have no contact details for her. Our son's social worker left recently and we don't know who his new one is. Our social worker is trying to chase things up but is being a bit useless to be honest. I'm pretty anxious about the whole thing and just wanted to hear from anyone else who's adoption order was contested. Did you speak to the guardian? If we don't, is it likely to hold things up further? I've heard sometimes their report is written up from social worker notes. I absolutely do not want this to happen as our son's social worker has been terrible and unprofessional and his reports would not give the full picture. Thank you.

@poppet31

I know its very worrying for you, but I don’t think I have ever heard of a child being returned to a birth family from a settled adoptive home.

Its also not uncommon for birth parents to try and contest. The first stage is usually to ask for leave to appeal - is that the stage they are at?
Birth families would have to show dramatic and sustained changes to their lives - sadly as we know that does not tend to the case.

Hi Ted. Thanks for your reply. This is the second hearing where they will ask for leave to appeal. They have to file statements by next week and so does our son's guardian.

The rational part of me knows that he will stay with us but his local authority have been so incompetent that I'm just worried something will go wrong. I suppose I have just lost faith in the system as they have failed him at every turn.

Do one sheet of paper typed up with all the issues you have had with the local authority, mark it urgent for the Judge who has the hearing listed before them.

I’m not sure how beeny’s suggestion helps, this isnt about the LA, its the birth parents.
Its the last throw of the dice for the birth parents, chances are they won’t be given leave to appeal

@poppet31, as Ted says, it’s extremely common for birth parents to contest adoption orders and it is badger calmly a formality. Birth parents receive Legal Aid as they proceed through the Family Courts and so they are perfectly entitled to exercise their legal rights.

After 12 years as an adopter, I am pleased that this system is as it is - worrying and threatening as it is to you now - because a Judge (not you, or a social worker or a Guardian, made the decision, on all the evidence in front of them, that you are the most suitable parent/s for your child. It can also be a comfort to older children, as you progress with your age-appropriate life-story work, that regardless of the reason for removal from their birth parent/s, that they loved them enough to want to fight to keep them.

I know it’s easy for me to say, but please try not to worry. With a little bit of luck (I’m not sure about court scheduling as during the pandemic), your little one will officially be yours in time for the best Christmas of your life.

Please try not to worry Poppet. The court appointed guardian came to see us and our LOs to compile a report for the Sheriff. She came at the weekend as we explained after school wasn't a particularly good time to visit. She was really very nice, did spend a fair bit of time with us, over 2 hours, but then we adopted 3 at once so that was understandable.

She covered absolutely everything that she thought the Sheriff might want to know so that more information wouldn't be asked for before or during the Hearing. It was a bit strange and we did have to talk about the kids while they were there which we might not have necessarily wanted to do but it was two hours that helped make our little ones ours forever. The guardian did her absolute best to put the LOs and us at ease, it honestly was fine.

As it turned out the birth parents didn't contest but we didn't know that for sure until the actual hearing itself as they would still have had the right to turn up on the day.

As @Ted27 says it's incredibly rare for a child to be returned to the birth family, it'll be just fine.

We're in Scotland and the legalities are different from the rest of the UK but I'm pretty sure the experience with the guardian is pretty similar.

Good luck, hopefully the AO is signed, sealed and delivered soon.

Hi
I am adopting for the second time. Both times it has been contested. The first time there were multiple hearings over a ten month period. I never had any contact with the DS's guardian. When I met the judge at the celebration hearing he said that he had never had any doubts that the adoption order would be granted but he needed to dot every i and cross every t to ensure that his decision would stand up to challenge.

My DD's AO hearing (to decide if leave to oppose is granted) is next week. I am more stressed this time as their appears to have been a change in BM's circumstances, my SW is not very reassuring and I have DS to think of as well now.
I almost didn't apply to adopt for the second time due to how stressful I found the AO process last time. Best of luck.

The guardian ad litem is there to represent your child’s best interests in court. I’m in Scotland to and the guardian spent time with me and interviewed the children. There may be enough clarity in the file to evidence the child’s best interests but I’d continue to chase. Your solicitor should be able to ask the court who the appointed guardian is so you can contact them.

Thank you so much for your replies everyone. It is interesting to hear your experiences. We finally heard from the CAFCASS guardian today. She has been asked to compile a short report for next week's hearing but not make any recommendations at this stage. She think it is likely there will be a further hearing and that she will be asked to write a full report, at which point she will require evidence from our son's nursery/health visitor etc. I am still feeling anxious about it all but I'm glad she is feeling independent.

I meant I'm glad she is independent and it's not just in the hands of the social workers.