Contact with Birth Parents After a Special Guardianship Order

An SGO does not end the child's relationship with their birth parents. In most cases, some form of ongoing contact is expected — and managing it is often the most emotionally complex part of being a special guardian.

The Court's Starting Point

When granting an SGO, the Family Court must consider what contact arrangements are in the child's best interests. The court can attach a contact order under Section 8 of the Children Act 1989 at the same time as making the SGO. This order sets out how often the child sees or communicates with the birth parents and under what conditions.

If the parents and the special guardian agree on contact, they can put their proposed arrangements before the court. The court decides whether to make an order, applying the welfare checklist and, where the child is old enough, considering the child's own wishes. If they disagree, the court decides the arrangements.

Types of Contact

Direct contact means face-to-face visits. This might be weekly, fortnightly, monthly, or a few times a year, depending on the circumstances and the child's needs.

Indirect contact means communication that does not involve meeting in person: letters, cards, phone calls, or video calls. This is sometimes used as a stepping-stone where direct contact has been stopped or was never established, or where the parent lives at a distance.

Supervised contact means a responsible third party is present during visits. This is common where there are safeguarding concerns — domestic abuse, substance use, or unpredictable behaviour. Supervision can be done by a family member, a social worker, or a contact centre.

Who Decides the Contact Arrangements?

If a contact order is in place, it is legally binding and sets the arrangements the court has ordered. Neither you nor the parents can unilaterally reduce or stop the contact it prescribes. If circumstances change — the parent becomes unreliable, the child is distressed by visits, or the parent rehabilitates and wants more contact — either party can apply to the court to vary the order.

If there is no formal contact order and the arrangements were left to the parties to agree, you have more flexibility. But if agreement breaks down, the parent can apply to the court for a contact order, and you would need to attend a hearing.

Managing Contact as a Special Guardian

Your enhanced parental responsibility means you decide the practicalities of contact: where the visits happen, what time, whether you stay present. Ignoring a contact order can lead to enforcement action and, in some cases, contempt of court; the parent can apply to the court for enforcement.

Some practical tips that come up repeatedly in kinship carer forums:

• Keep a contact log. Record every visit — date, time, who was present, how the child responded. This is essential evidence if you ever need to go back to court.
• Separate your feelings from the child's needs. The reason you have the child may involve anger and grief directed at the parent. The child's need for contact exists independently of that.
• Be clear about boundaries. If the parent turns up intoxicated or behaves aggressively, prioritize immediate safety, record the incident, and seek advice promptly. If a contact order is in place and arrangements need to change, apply to the court to vary it.
• Use a contact centre if needed. Local authorities and charities run supervised contact centres. They are neutral, safe spaces where visits happen under observation.

When Contact Should Stop

If the child is showing signs of distress, regression, or emotional harm after visits, speak to the social worker or your local kinship support service. If the harm is ongoing and the parent is not willing to modify their behaviour, the court can reduce or suspend contact. The child's welfare is paramount, and the court can change contact arrangements when that is in the child's best interests.

For a structured approach to managing contact and a printable communication log template, see our SGO process guide.

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