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Legal matters

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Special guardianship order

9 replies

GlitzAndGigglesx · 30/12/2025 22:57

I currently have one of my deceased sisters children in my care. It's not formalised and have been advised by the social worker to apply for a special guardianship order. Myself and the child's father don't get along due to his treatment of my sister when she was alive and as the childs father he has PR so I can imagine him being difficult throughout the process. The child has been in my care for the last 3 months and their father has made no attempt to contact or check how his child is. I'm not sure if this would go in favour or not? Also I have a conviction on record which I'm worried will also impact proceedings. Anyone gone through similar??

OP posts:
Cat1504 · 30/12/2025 23:01

What is the current legal status of the child….is there an ICO in place? Are the LA the current corporate parent?

GlitzAndGigglesx · 31/12/2025 00:10

Cat1504 · 30/12/2025 23:01

What is the current legal status of the child….is there an ICO in place? Are the LA the current corporate parent?

There's nothing in place at the moment. The LA are happy to leave the child in my care until the next meeting in the new year

OP posts:
Cat1504 · 31/12/2025 13:05

GlitzAndGigglesx · 31/12/2025 00:10

There's nothing in place at the moment. The LA are happy to leave the child in my care until the next meeting in the new year

The LA will always push family to get an SGO ….it means they don’t have to get involved….it may not be best for you….might be better to have an ICO so you are the foster carer as such ( and have that PR)….but the LA remain a corporate parent with PR….gives you the security of having a SW involved to deal with any shit from the dad….and also financially you have more entitlement ( it’s expensive brining up kid) and you will have access to things that other LAC children get ( in my area LAC children who are placed with familyhave entitlement to an NHS dentist, they get a place within a couple of weeks…..thecarer and child get a leisure pass so free swimming and other activities…..free nursery provision or after school provision…holiday club provision ….as well as other things) ….lots of family careers refuse to apply for an SGO and are happy for the child to remain LAC …..think about what’s best for you….there’s no rush ….don’t let people push you for an answer

GlitzAndGigglesx · 31/12/2025 14:13

Cat1504 · 31/12/2025 13:05

The LA will always push family to get an SGO ….it means they don’t have to get involved….it may not be best for you….might be better to have an ICO so you are the foster carer as such ( and have that PR)….but the LA remain a corporate parent with PR….gives you the security of having a SW involved to deal with any shit from the dad….and also financially you have more entitlement ( it’s expensive brining up kid) and you will have access to things that other LAC children get ( in my area LAC children who are placed with familyhave entitlement to an NHS dentist, they get a place within a couple of weeks…..thecarer and child get a leisure pass so free swimming and other activities…..free nursery provision or after school provision…holiday club provision ….as well as other things) ….lots of family careers refuse to apply for an SGO and are happy for the child to remain LAC …..think about what’s best for you….there’s no rush ….don’t let people push you for an answer

Thanks a lot I'm going to have a good read through both options thoroughly. I just know their father will be really awkward whatever I apply for

OP posts:
ElsieMc · 31/12/2025 18:25

An SGO gives you PR and decision making power to a point. We had what was then a residence order but were pushed to apply for a stronger order that being a SGO. My gs's dad opposed this.

What you do need to remember is that the dad can take you to court for a contact order or changes to contact.

I guess someone will reply with better legal experience and advice than me op. You do right to check things out.

miamo12 · 31/12/2025 18:29

The age of the child matters too, if they are young you have many years to navigate so getting the right legal status for you is essential

GlitzAndGigglesx · 31/12/2025 19:43

ElsieMc · 31/12/2025 18:25

An SGO gives you PR and decision making power to a point. We had what was then a residence order but were pushed to apply for a stronger order that being a SGO. My gs's dad opposed this.

What you do need to remember is that the dad can take you to court for a contact order or changes to contact.

I guess someone will reply with better legal experience and advice than me op. You do right to check things out.

Thank you. The father hasn't attempted any contact in 3 months so can't see that being an issue. Didn't even post a card or present for Christmas!

OP posts:
Youraveragelass · 31/12/2025 19:55

I would suggest you discuss this process with the child’s social worker and also your own solicitor. Having an SGO provides with you with parental responsibility until the child turns 18 so you can make day to day decisions, especially important when it comes to medical and educational decisions. It is a big decision so I think you need to go into this eyes wide open. There is likely a financial assessment that will pair with your SG assessment as a whole and social services will help support you in other ways e.g. theraplay being arranged for the child(ren) if needed. It isn’t a closed door.

Someone mentioned getting more financial help and more perks for LAC children if you are considered their foster carer. The issue with this is that being a LAC child holds stigma (regardless of how much we wouldn’t want that to be the case), the child has social services involvement throughout their life. This includes medical exams, social work visits etc. It’s intrusive and most children will not want this level of involvement, especially as they get older. Having to have approval for sleepovers which means vetting the friends’ parents.

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