Special guardianship orders
Special guardianship orders aren’t widely publicised so many people haven’t heard about them. In the opinion of children solicitors a special guardianship order can be the best family law solution if you are a relative or foster carer who wants to look after a child on a long-term basis because the child’s mother or father isn’t able to do so. In this blog, children law solicitor Behzad Sharmin explains the benefits of a special guardianship order and who can apply to be a special guardian.
Online and London based children law solicitors
For advice about applying for a special guardianship order or making a children court application call the children and family law team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable children law solicitors.
What is a special guardianship order?
A special guardianship order is an order that says that a child should live with you. It is an alternative to a child living with you:
- Informally and without your having any legal court orders or legal recognition as the child’s carer
- On a child arrangement order – a child arrangement order is the new name for the old-style child custody order or residence order
- On a care order – a child can be placed on a care order in favour of a local authority and the council can then place the child with a parent, extended family member, family friend or foster carer
- On an adoption order – an adoption order makes you the child’s legal parent.
What is the difference between adoption and special guardianship?
If you adopt a child then you become the child’s legal parent. The child is no longer the legal child of his or her birth parents as the adoption order legally extinguishes the relationship between biological parent and child. An adoption order lasts for life although an adoption order can't be applied for if the child is over the age of eighteen.
With a special guardianship order the child remains the legal child of his or her birth parents but the special guardianship order means that you are appointed as the guardian of the child until the child is aged eighteen.
If a child is adopted this means that the birth parents lose their parental responsibility for the child. With a special guardianship order, the special guardian acquires parental responsibility for the child but shares it with the child’s parents.
In family situations, where a grandparent or uncle or aunt have to step in because a child’s parents aren’t capable of looking after their child (for example, because the parents have drug dependency issues, have an alcohol addiction, severe mental health issues, a personality disorder or simply because the parents have returned overseas) a special guardianship order may be appropriate as whilst it gives you legal authority over the child it doesn’t sever the legal relationship between child and biological parent and therefore doesn’t make you the legal ‘’parent’’ of your grandchild or nephew or niece.
It is best to take specialist legal advice from a children solicitor on whether an adoption order or a special guardianship order suits your family circumstances. For example, depending on the child’s immigration status an adoption order may be in the child’s best interests.
How long does a special guardianship order last for?
A special guardianship order lasts until a child is aged eighteen unless an application is made to court and the order is discharged early.
What authority does a special guardian have?
If you secure a special guardianship order then you will obtain parental responsibility for the child and you will be able to make all the day to day care decisions for the child. For example, you have the authority to take the child to the doctor or dentist.
When it comes to major parenting decisions these should be discussed with the others who have parental responsibility for the child. Examples of major decisions include:
- Changing the child’s surname or
- Deciding that you want to move overseas with the child.
If those with parental responsibility for the child can't agree on a major decision and what is in the child’s best interests then an application can be made to court for a specific issue order.
Who can apply for a special guardianship order?
You can apply to be a child’s special guardian if you are over the age of eighteen. A parent of a child can't apply for a special guardianship order. If custody of a child is disputed between parents then the court application you need to make is a child arrangement order application.
A person can apply for a special guardianship order without first asking court permission to make the application if:
- You have a child arrangement order in respect of the child or
- You have the agreement of all those with parental responsibility that you should apply for the special guardianship order or
- If the child is in the care of the local authority you have the agreement of the council or
- You are the child’s legal guardian or
- The child has lived with you for three out of the past five years or
- You are a relative of the child or the child’s foster parent, and the child has been living with you for at least one year.
Is a special guardianship order application right for you?
Applying for a special guardianship order is a big step for you and the child so it is best to get expert help and legal advice to make sure that the special guardianship order application is the right legal route for you and is in the child’s best interests.
Online and London based children law solicitors
If you need advice about applying for a special guardianship order or any other type of children court application the children and family law team at OTS Solicitors are here to help you and represent you. For answers to your children law questions call us on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable children law solicitors.