A Special Guardianship Order is an option for family members caring permanently for children whose parents are unable to do so. This arrangement is often considered by grandparents, aunts, or uncles.
When issues arise regarding children’s arrangements, the court can assist by making a child arrangement order, specifying where the children will live and how much time they will spend with each parent after a relationship breakdown. The Court also has authority to resolve schooling matters or determine whether a parent can relocate with the children (handled through Specific Issue and Prohibited Steps Orders).
A Special Guardianship Order is a middle ground between a Child Arrangement Order and an Adoption Order. It offers a long-term care solution similar to adoption but maintains the child’s legal ties with the birth family, which would be severed in an adoption scenario.
Who is a Special Guardianship Order suitable for?
In situations where it’s important for a child to maintain relationships with other family members like parents, siblings, or other relatives, but they are being cared for by someone other than the parents, a Special Guardianship Order may be appropriate.
Unlike an adoption order, which would sever the child’s legal ties with their birth family, a special guardianship order preserves these connections while settling arrangements for the child’s care during their minority.
The order grants the holder parental responsibility, allowing them to make day-to-day decisions for the child’s care. However, it does not extinguish the parents’ parental responsibility, and they retain the right to be consulted on major decisions concerning the child.
How do you apply for a Special Guardianship Order?
The initial step is to determine whether you can proceed with the application independently or if court permission is necessary. Once this is clarified or obtained, you must notify your local authority (Social Services Department) at least three months in advance of your intention to make a court application.
The local authority will assign a social worker to conduct a comprehensive investigation into your case and compile a detailed report for the court outlining what would be in the child’s best interests. Subsequently, there will be one or multiple court hearings where a judge will make a decision based on the information presented.
Why obtain a special guardianship order?
A Special Guardianship Order offers advantages beyond those provided by a Child Arrangements Order. It may grant access to support services such as counselling, advice, and information, as well as financial assistance for certain expenses, if deemed appropriate by the local authority and based on the carers’ circumstances. Moreover, if a child has special needs, the local authority can provide therapeutic services and respite care.
Navigating this complex legal area is something DLS Solicitors can assist you with.
