A Special Guardianship Order is a family court order that places a child or young person in long-term care with someone other than their parents.
The person that the child then lives with will become the child’s special guardian.
If you are considering applying for an order to become a child’s special guardian, our specialist solicitors can assess whether you qualify for this order and assist you with the process.
We understand that family matters are often complex, and we have experience assisting our clients with a wide range of circumstances.
Our highly regarded solicitors will be there to support you throughout the process and advocate for the welfare of any children involved.
Contact our Special Guardianship Order solicitors in Northwich, Cheshire
If you’d like to discuss child arrangements with one of our Special Guardianship Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
Our expertise with Special Guardianship Orders
A Special Guardianship Order is a legal arrangement granting a child a permanent home with someone other than their parents, often a relative or someone they are already living with.
The guardian is given parental responsibility, enabling them to make major decisions about the child's upbringing.
However, the child's legal relationship with their birth parents is not entirely removed.
Special Guardianship Orders provide stability for the child while maintaining their connection to their biological family.
If you would like to apply for a Special Guardianship Order, our solicitors can assist by providing expert legal advice, guiding you through the application process, and ensuring all necessary documents are correctly completed.
We can help gather and present evidence to support your application, represent you in court, and advocate for the best interests of the child.
Frequently asked questions about Special Guardianship Orders
What is a Special Guardianship Order?
A Special Guardianship Order made under the Children Act 1989, allows a child to live with a designated special guardian until they are 18. Unlike adoption, it does not remove the child's legal ties with their birth family and the order is not in place for life.
A Special Guardianship Order grants the special guardian a majority share of parental responsibility, enabling them to make key decisions about the child's upbringing while maintaining the child's connection with their birth family.
This long-term arrangement ensures stability and security for the child without completely cutting off birth family relations.
How can I apply for a Special Guardianship Order?
If your circumstances allow, family mediation can be a good place to start when trying to obtain a Special Guardianship Order.
If both parties are willing to cooperate, mediation can help you make arrangements with the child’s family and avoid having to apply to the court.
If mediation is not an option, then you can apply to the court for a fee of £255.
Three months before applying to the court for an order, you will need to inform your local council in writing that you are intending to make an application.
You also need to inform anyone named in previous court proceedings or orders related to the child, that you will be making an application.
Once you have informed the local authority and any relevant parties, you can apply for the order by filling out these forms and sending them to your nearest family court:
- An ‘Application for an order’ (form C1).
- A supporting statement (form C13A).
- A ‘Family mediation information and assessment meeting’ form (FM1).
It is advisable to make copies of the completed forms before you send your application to the court as you will need to send these copies to each person affected by the application after you apply.
Who can apply for a Special Guardianship Order?
To apply for a Special Guardianship Order, you must be at least 18 years old and not the child’s parent.
You can apply alone or jointly with someone else, known as a joint claim.
Eligible applicants include current legal guardians of the child, individuals with a child arrangements order, those with whom the child has lived for three of the past five years, and relatives or foster parents with at least one year of care.
You may also be eligible if you have consent from individuals named in a child arrangements order, those with parental responsibility, or the local council if the child is in care.
If one of these criteria is not met, you’ll need to ask the court’s permission to apply.
How long does it take to get a Special Guardianship Order?
Special Guardianship assessments should ideally take at least 12 weeks to complete.
According to the local authorities, this is the ideal time frame for allowing families to adjust to the changes that will happen once the order is in place.
However, in practice, Special Guardianship applications are often processed within a much quicker time frame ranging from four to eight weeks.
What rights do parents have in the Special Guardianship Order?
Under a Special Guardianship Order, special guardians have a majority share of parental responsibility, which allows them to override the decisions of the child’s parents.
While parents retain their parental responsibility, they cannot exercise it over the special guardian's decisions.
Special guardians can make most decisions about the child's upbringing, including day to day decisions such as schooling and medical treatment, which do not have to be discussed with the birth parents.
However, they need the parents or the court's consent for some important decisions such as changing the child’s surname, putting the child up for adoption, taking the child abroad for more than three months, or the child having surgery for reasons other than improving health, such as circumcision, sterilisation or cosmetic surgery.
Under a Special Guardianship Order, the parent’s rights are limited but not completely removed so the child can maintain a relationship with their family.
Who can apply to end a Special Guardianship Order?
To end a Special Guardianship Order the court must be satisfied that there has been a significant change in circumstances.
Applications to end a Special Guardianship Order can be made by the special guardian, anyone with a Child Arrangements Order since the Special Guardianship Order was granted, or the local authority if a Care Order has been placed since the Special Guardianship Order was granted.
A child's parent, stepparent with parental responsibility, or anyone who previously had parental responsibility before the Special Guardianship Order must first obtain the court's permission to make an application to change or discharge the order.
Contact our Special Guardianship Order solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our Special Guardianship Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.