Topics: Your rights and Contact with family
Issues with family
When a special guardianship order (SGO) is awarded, it can cause tension and have a negative impact on you and the child you care for. In this guide you can learn about common challenges, whether an SGO can be overturned, and how to manage ongoing issues with family.
Important: If you, the child you care for or someone else is at immediate risk of harm, please refer to our emergencies guidance. Report any harassment and threats to the police.
Difficult relationships
Your relationships with other people in the child’s life don’t end once you become a guardian. Those connections remain whether not essential people in the child’s life are physically present, including parents or siblings.
The award of guardianship can affect relationships and be an emotional process for everyone involved. Sometimes, it can lead to damaging behaviour too. If you live close to the child’s parents and family, it can create extra pressure on you to manage any issues.
While all this can be difficult, you can access support that will help you think clearly and make good decisions for the child you care for.
Getting support
There are some common issues that our support team often talk to guardians about when it comes to handling issues with family. You can ask them about:
the law around overturning guardianship orders
parents visiting when they like
parents believing they can ‘bring the child home’ at any time
digital or social media contact with parents and family that has a negative impact on the child’s welfare or guardianship
harassment, threats or nuisance behaviour
helping children cope with their feelings, including conflicting loyalties, resentment and confusion
persistently difficult contact time with family, including parents not keeping in touch, letting the child down or exposing them to inappropriate or risky situations
managing wider family relationships, tension and conflict
It can also be a challenge for guardians to know how to handle family-time (contact) that is actually going better than expected. This can present unexpected questions about what is in everyone's best interests and how to manage expectations.
If you feel that issues with family are negatively affecting you, your family or the child you care for, that's a sign you need to seek support.
Guardianship orders can be challenged but are rarely overturned
One of the most upsetting things for guardians to deal with is parents threatening or taking unwelcome action to end the guardianship order.
Such requests by parents rarely go ahead or are successful, but we recognise that even just the threat of this happening can create enormous stress and emotional turmoil.
A guardianship order can only legally be varied (changing the terms) or discharged (ended) by the family court.
The child’s parent must apply to the court for a right to challenge the special guardianship order. There must be a ‘significant change of circumstances’ and if the court does not deem there to be one then the request will stop.
If the court decides there is a significant change of circumstances, they will consider the child’s welfare and the parent’s chances of success in challenging the Special Guardianship Order.
Guardianship orders are there to provide long-term stability for a child, courts typically hold a reasonably high threshold for any parent appealing to end a guardianship order.
Contact our team if you are have any concerns about your guardianship being overturned, or any threats to try and overturn it.
Depending on your circumstances, we may recommend you seek legal advice to get clarity and reassurance.
The charity, Child Law Advice offers free expert advice ↗.
Issues with family time (contact)
Read our support guides on contact with family and digital and social media contact to get practical advice on managing issues around contact with family.
Any guardian, child or birth parent can ask for a family time (contact) review from our support team at any time. We take a detailed look at your situation to set up more suitable family time (contact) arrangement.
If an agreement can’t be reached, the family court may need to decide what should happen next. This can be a lengthy process. It is usually in everyone’s best interests to resolve issues away from the court system.
Talking when talking is difficult
As with any family issues, it's vital you talk to the child you care for. Their wellbeing is the most important thing, and their feelings and views must be heard and considered.
The charity, Kinship care has practical advice for talking to young people living in kinship care about the relationships with family ↗.
When you’re going through ongoing issues with family, having respectful and useful conversations can feel a million miles away.
Yet even where there are disagreements and disputes about the way forwards, you have a shared interest in making sure the child is cared for. This should be the basis of your communication and finding a way forward.
Research shows, even when it may not be obvious, most children want everyone involved to have a positive relationship.
Our experienced team can listen to your experience and suggest practical ways to manage or resolve conflict and disputes.
Things you can do now
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Share concerns with our team
We have lots of experience helping guardians deal with challenges around contact with family. We can listen, give you practical advice and help improve your situation.
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Ask for a family-time (contact) review
All guardians and children can ask for a free family time (contact) review. We take a detailed look at your situation to find ways to have more positive and meaningful arrangements.
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Report threats or harrasement
If you feel you, the child you care for or someone else is at immediate risk of harm please refer to our get urgent help guidance. Report any harassment and threats to the police.
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Get free legal advice
The charity Child Law Advice Service provides free expert advice online and over the phone. This can be a good resource for any questions about challenges to your guardianship order.
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Talk with the child you care for
It’s important to talk with a child about their circumstances but it can be tricky for many guardians to know how to start. The charity Kinship has a useful guide for how to talk about guardianship and family relationships with children and young people.
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Read our 'contact with family' guidance
We have created a section of this website specifically about contact with family. It includes ways to manage contact and understand your rights and responsibilities.