A Special Guardianship Order allows an individual to share Parental Responsibility with the child’s biological parents. Parental Responsibility for a Special Guardian is above that of the birth parents and the Special Guardians can make day to day decisions without the need to consult the parents
A Special Guardianship Order can only be made in favour of someone who is at least 18 years old and is not the child’s biological parent.
The Children Act 1989 outlines who is able to apply for a Special Guardianship Order. This can include but is not limited to any guardian of the child, anyone named in a Child Arrangement Order as a person with whom a child is to live, any person with whom the child has lived for 3 out of the last 5 years and a local authority foster parent or a relative with whom the child has lived for at least one year immediately preceding the application.
Anyone outside of the categories outlined by the act can make an application for a Special Guardianship Order, but will require permission of the court to apply for the same.
The Court can on occasions, make a Special Guardianship Order of its own motion where it considers appropriate to do so.
The child’s welfare will be the paramount consideration when the court is considering making decisions regarding Special Guardianship Orders.
A Special Guardianship Order will last until the child is 18 years of age.
Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409
For all Child Care related matters contact us online now.Contact Us
Disclaimer
This video content was created on 18/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors.
This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.