Special Guardianship Order Solicitors
Special Guardianship Orders
Sadly, there are some situations where a child cannot live with their birth parents and adoption is not the right option for them and in these circumstances, a special guardianship order might be made.
A special guardianship order, under the Children Act 1989 is “an order appointing one or more individuals to be a child’s “special guardian” or “special guardians”. A special guardian must be over the age of 18 and not the parent of the child in question.
There are a number of people who are able to apply to the court for a special guardianship order:
- The child’s legal guardian
- A person who the child lives with because of a child arrangements order
- A person who the child has lived with for three of the past five years
- A child’s relative or a foster parent/foster carer, and if the child has been living with you for at least one year
- A person who has the agreement of anyone named in a child arrangements order as someone who the child will live with
- A person who has the agreement of all the people with parental responsibility parental responsibility for the child
- A person who has the agreement of the local council, if a child is in care
If you do not fall into the above categories then you will require permission from the court to go on to make your application to the court for a special guardianship order.
What Is the Procedure for Applying for a Special Guardianship Order?
If you are considering making an application for the above order, three months before you intend to apply for the order you must tell your local council (in writing) that you intend to make an application to the court.
The reasoning behind the three-month notice is that it is expected that the local authority will have completed its assessment of the proposed special guardian(s) by that point.
However, if this has not happened, it does not preclude a party from making an application to the court for a special guardianship order.
The assessment that will be done either before you issue proceedings or during the proceedings will look at the special guardian’s ability to meet the long-term placement needs of the child.
What rights does a Special Guardian have?
A special guardianship order grants the special guardians legal parental responsibility that they share with the child’s birth parents but it is, an SGO is an ‘enhanced’ level of parental responsibility.
This enables them to make the majority of, if not nearly all, key decisions and day-to-day decisions about the child without needing the parent’s consent.
They cannot, however, change the child’s surname without the parents’ consent or consent of the biological parent(s), nor can they remove the child from the UK for more than three months without the written consent of every person with parental responsibility.
Can a Special Guardianship Order Be Removed?
A special guardianship order can of course be removed, but this can often be a lengthy and costly exercise as a parent would need to satisfy the court that there has been a significant change in their circumstance.
It essentially allows children to remain within either their immediate or wide family circle or other caregivers, as opposed to more draconian orders such as the Interim Care Order or adoption of a child.
Therefore, it secures the child’s long-term care and maintains links between the child or children and their birth parents’ families.
Get in Contact with Our Special Guardianship Law Experts Today
Our team helps families resolve issues over child contact arrangements and supports families to grow through surrogacy, donor conception, and adoption. We are home to the most specialist children’s law team in the country, so you can rest assured that we can help you.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at [email protected].
