The thought of losing custody of your child is an incredibly distressing experience. For parents whose children have been placed in foster care or are under a Special Guardianship Order (SGO), the question often arises: Can I get my children back? In the UK, this is not an easy road, but it is possible under certain circumstances. Whether you’re attempting to regain custody of your child from foster care or challenge a Special Guardianship Order, understanding the legal processes involved is crucial.
The process of regaining custody is governed by several laws, including the Children Act 1989. This legislation sets out the groundwork for how Local Authorities and courts make decisions about children’s welfare, including whether it’s in their best interest to be returned to their birth parents. Let’s break down the key steps and legal concepts involved in regaining custody.
Table of Contents
Learning about Foster Care and Special Guardianship Orders (SGO)
What is Foster Care?
Foster care is a temporary arrangement where children are placed in the care of foster parents when they can no longer safely remain with their birth parents. This can be a short-term or long-term solution, depending on the circumstances. A child may be placed into foster care if the Local Authority determines that staying with the birth parents would pose a risk to their safety or well-being.
There are different ways a child can be placed into foster care:
Section 20 Agreement: A voluntary arrangement where parents consent to the child being placed in care. Parents can withdraw consent at any time, making it a temporary solution.
Interim Care Order: A short-term order made by the court while the final decision about the child’s future is being determined.
Full Care Order: A final court order that gives the Local Authority shared parental responsibility, allowing them to make significant decisions about the child’s care.
What is a Special Guardianship Order (SGO)?
An SGO is a long-term legal order granted by the court, which appoints a Special Guardian to care for a child. The Special Guardian assumes parental responsibility for the child, making decisions about their upbringing. However, the birth parents retain some parental responsibility, although their authority is limited in comparison to the Special Guardian.
Unlike adoption, an SGO does not sever the legal ties between the child and their birth family. This allows the child to maintain a connection with their biological parents, but with the stability and permanency provided by the Special Guardian.
Legal Principles Governing Foster Care and SGOs
Foster Care Legal Guidelines
Foster care in the UK is governed by the Children Act 1989, which outlines the conditions under which a child can be removed from their parents’ care. Under Section 31 of the Act, a child can be placed into care if the court determines that the child is at risk of significant harm due to inadequate care or abuse. The Local Authority will share parental responsibility if a Full Care Order is granted, allowing them to make decisions regarding the child’s education, healthcare, and general welfare.
Special Guardianship Orders Legal Regulations
SGOs are governed by Section 14 of the Children Act 1989, which allows the court to appoint a Special Guardian to make important decisions for the child. Unlike adoption, SGOs allow the child to retain a legal connection to their birth parents while ensuring they have a stable and secure living arrangement with the Special Guardian. The court may vary or discharge an SGO if there is a significant change in circumstances.
Why Have My Children Been Placed in Foster Care or Given a Special Guardianship Order?
Reasons for Foster Care Placement
Children are typically placed into foster care if the Local Authority determines that their home environment is unsafe or that they are at risk of harm. This could be due to:
Foster care placements aim to protect children while providing a safe and nurturing environment until the child can either return home or find a more permanent solution, such as adoption or an SGO.
Reasons for Special Guardianship Orders
A Special Guardianship Order is often granted when a child requires long-term care but does not need to be adopted. This may occur when:
The child’s birth parents are unable to care for them, but adoption is not deemed necessary.
The child needs a stable environment that maintains ties to their birth family.
Relatives, such as grandparents or aunts/uncles, are willing to take on the role of Special Guardian.
SGOs are typically seen as a solution when keeping the child within the wider family network is in their best interests.
Can a Care Order or Special Guardianship Order Be Discharged or Varied?
Discharging a Care Order
Parents hoping to regain custody of their child from foster care can apply to discharge a Full Care Order. However, this is not an easy process. The court will only discharge the order if there has been a significant change in the circumstances of the parent. The parent must demonstrate that:
They have made substantial changes to their lifestyle (e.g., overcoming substance abuse or addressing mental health issues).
They can meet their child’s needs and ensure their safety.
Returning the child to their care is in the child’s best interests.
Varying or Discharging a Special Guardianship Order
An SGO can also be varied or discharged if there is a significant change in circumstances. A parent or other family member can apply to the court, demonstrating that circumstances have changed enough to justify altering the order. This may include:
The child’s bond with the Special Guardian weakening or the child expressing a desire to live with their birth parents.
Changes in the parent’s ability to care for the child safely.
How to Regain Custody of Your Children: Practical Steps
Demonstrating Significant Changes in Circumstances
When applying to discharge a care order or SGO, the parent must prove that there has been a significant change in their circumstances. This could include:
Successfully completing rehabilitation or counseling.
Showing improvement in parenting skills and stability.
Providing evidence of a safe, stable, and loving home environment.
Courts will evaluate these changes based on the child’s best interests, ensuring that any decision made does not place the child at risk.
Court Procedures and Applications
To apply for a care order or SGO to be discharged or varied, the parent must file an application with the family court. The court will consider various factors, including the parent’s ability to provide for the child and the child’s relationship with their current carers. The process can be lengthy, and it’s essential to have legal representation to explain the complexities of family law.
What Happens if the Court Denies Reunification?
The Court’s Decision-Making Process
If the court denies reunification, it will consider factors such as:
The child’s best interests, including emotional well-being and safety.
The bond the child has formed with their foster carers or Special Guardian.
Whether it is in the child’s best interests to remain with the birth parents or continue in their current care arrangement.
The court will always prioritize the child’s welfare over the parents’ rights, with a focus on ensuring the child’s emotional, physical, and psychological safety.
The Role of Human Rights
In some cases, parents may argue that their right to family life (under Article 8 of the European Convention on Human Rights) is being infringed upon. However, the court will weigh this against the child’s right to safety and stability. If the court believes that returning the child to the parent’s care would jeopardize the child’s welfare, it will make decisions accordingly.
Commonly Asked Questions
How to Win Your Child Back from Social Services in the UK?
If your child has been placed in foster care by social services, it’s understandable that you want to regain custody. However, the process is complex and requires that you demonstrate significant changes in your life that address the issues that led to your child being placed in care. The first step is to work with social services and address any concerns raised. This might involve attending parenting classes, overcoming addiction, improving your living situation, or participating in therapy. Once substantial changes have been made, you can apply to the family court to regain custody.
How Do I Get My Child Back from Guardianship in the UK?
If your child is under a Special Guardianship Order (SGO), you need to apply to the court to discharge or vary the SGO. You must demonstrate that there has been a significant change in circumstances, such as resolving the issues that led to the order in the first place.
What Happens When You Age Out of Foster Care in the UK?
When a young person turns 18, they are considered to have “aged out” of foster care. However, they may still receive support through Leaving Care services, which can assist with accommodation, education, and emotional support.
Can I Put My Child in Temporary Foster Care in the UK?
Parents may arrange for temporary foster care through a Section 20 Agreement, a voluntary arrangement. This is typically used when a parent needs short-term assistance, and they can withdraw consent at any time.
Conclusion
Regaining custody of your children after they have been placed in foster care or under an SGO is possible, but it requires significant legal steps. The court’s primary concern is always the child’s best interests, which may involve a lengthy process of proving changes in your circumstances. Understanding the legal conditions, including the Children Act 1989, and searching for appropriate legal advice is key to managing this challenging journey.
