Special Guardianship Orders, under Sections 14A to 14F of the Children Act 1989 and the Adoption and Children Act 2002, are now being used more frequently in Family Court proceedings.
Sometimes, and for whatever reason, a child cannot live with their birth parent(s) but can be cared for by another adult, perhaps a grandparent or a long-term family friend who agrees to become their Special Guardian.
SGOs are an option when Adoption might not be right or appropriate, but the child still requires security.
A Special Guardianship Order would give the appointed adult (Special Guardian) responsibility to look after the child until he or she reaches 18 years of age, they will have Parental Responsibility.
SGOs allow the Special Guardian adult to make day-to-day decisions in respect of the child. However, other bigger decisions will require the consent of all adults with Parental Responsibility, in circumstances such as:
If an adult wishes to apply for an SGO, they must notify Children’s Services in writing three months prior to submitting their application to the court.
Children’s Services must prepare a report for the court to determine whether the applicant is suitable for the position of Special Guardian.
If the child is looked after, the prospective Special Guardian must notify the appropriate local authority. If the child is not being cared for, the prospective Special Guardian must notify the local authority where the child resides.
The local authority will prepare a report for the court, in order to determine whether a prospective Special Guardian is suitable.
The Family Law team is able to assist with Special Guardianship Orders. Contact Us
In order to apply for a Special Guardianship Order, you must be over the age of 18 years of age and not the birth parent of the child that you are seeking an Order over.
The first step is to consider when looking to make an application is whether you automatically have permission to apply for such an Order, or whether you must make an application to the Court seeking their permission to do so. Unless you can fulfil one of these criteria, you will need to make an application for permission to apply as the first step :-
Once the Court has granted you permission, you are able to make an application for a Special Guardianship Order.
Each case will vary in terms of costs and duration depending on a number of factors, such as the Court availability to deal with any application made and how complex the matter is. Generally, 6-9 months is the estimated length of time that proceedings would take if an application is made to Court. Should agreement between the parties be met sooner, then of course the length of the matter would be shorter and the costs incurred would be less.
For a tailored fee estimate please contact us directly so that we can assist you in seeking resolve.
If you are having difficulties with agreeing contact and living arrangements, or with them not taking place as agreed should, or your circumstances have recently changed, please get in touch with one of the excellent family team here at Lawson West who will be happy to help you and your family find a solution. The main office telephone number is 0116 212 1000.
If you do need to talk through your personal relationship circumstances with someone who’s completely independent and unbiased, please do talk to us. We’re here to help and advise you and help you through the personal problems you face. You can rely on our experience, expertise and emotional support to put you on the right course of action, a path that’s totally right for your situation.
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