Special Guardianship Orders

A Special Guardianship Order is made when the Court decides that a child should live permanently with someone other than their parent(s). This can be a grandparent, aunt or uncle, or another significant adult to the child.

The Order gives parental responsibility to this person, enabling them to make day-to-day decisions about the child which can be to the exclusion of the other parents with parental responsibility. These Orders are typically made within Care proceedings commenced by the Local Authority, but can also be made following a freestanding application to the Court.

A Special Guardianship Order lasts until the child is 18 years old. It is possible for the Order to be changed or removed completely so that the child is returned to their parents. This can only happen if there has been a significant change in circumstances.

Applying for a Special Guardianship Order

When making a freestanding application for a Special Guardianship Order, a notice must be given to the Local Authority where the child lives so that they can prepare a report and work out a support plan including financial support to the prospective special guardian.

We can provide you with information and advice about the application and Court process if you are considering making a freestanding application for a Special Guardianship Order.

Get in touch with a specialist member of our family team for more advice and guidance.