Under the Children Act 1989, a Special Guardianship Order allows an individual to share Parental Responsibility with the child’s biological parents.
This order differs from Adoption Orders as when a Special Guardianship Order is granted, the relationship between the child and the biological parents is ongoing as they retain their parental responsibility. Whereas, when an adoption order is made, the legal relationship between a child and their biological parents ceases to end.
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 following people may apply for a Special Guardianship Order:
Any person who:
Anyone outside of the above categories although an application for a Special Guardianship Order can be made, they 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 are making decisions regarding Special Guardianship Orders.
A Special Guardianship Order will last until the child is 18.
As a part of the Care Proceedings , family members and friends maybe put forward to the Local Authority to be assessed as alternate carers for the child in the event that the parents are not assessed as suitable to care long term for the child.
If the initial assessments are positive, the Local Authority may recommend a Special Guardianship assessment is undertaken to establish if such an order should be made at the conclusion of the care proceedings.
Duncan Lewis Solicitors have extensive experience in advising clients on SGO matters. Our staff also speak a range of different languages to assist and advise clients when required.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.
An initial interview with a fixed fee for legal advice can be offered for these applications. Once the case has been assessed it may be possible to offer an hourly rate or further fixed fee but you will be advised of the funding options in advance. Duncan Lewis Solicitors are able to provide legal aid depending on the type of application that has made.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.