Special Guardianship Orders
When a family court decides it’s in the best interest of the child for them to live with someone other than their parents, a Special Guardianship Order can be made. The named persons in the order will be responsible for the day-to-day care of the child, making key decisions relating to their lives, and ensuring their needs are met.
Special Guardianship Order Criteria
Be aged 18 or over, and one or more of the following apply:
- you are a Local Authority foster carer with whom the child has lived for a period of one year directly before the application; or
- the child has lived with you for three of the last five years (and the child has not ceased living with you more than 3 months before the application); or
- you are the guardian of the child; or
- the child is in Local Authority care, and the Local Authority consents to you making an application; or
- you have a Child Arrangements Order or a Residence Order in respect of the child; or
- you are a relative of the child, and the child has resided with you for at least one year immediately pre-dating an application, or
- you have permission from the court to make the application
Joint applications can also be made, and the marital status of the applicants has no bearing.
The next steps:
To apply for a Special Guardianship Order, the potential guardian must inform the local authority of their intention three months ahead of submission. They can then make an application to the family court. Our solicitors can help guide you through this process.
Your suitability will then be assessed by the Children’s Services Department, and they will submit a report to the court outlining their recommendations.
Financial support may be available for Special Guardians, and an assessment can be made upon request. Such forms of support may include financial, respite, access to support groups, counselling, and training.
If the child concerned is in the care of the local authority, an assessment will automatically be carried out to determine what support is available.
Your JWP Solicitor can help
Special Guardianship Orders can be complex, and you should seek the advice of one of our experienced solicitor before embarking on the process.
How much will it cost?
At JWP Solicitors we always have a transparent approach to our fees. Our solicitors will always at the outset of your case set out clearly the likely costs. For some cases, we will be able to offer you a fixed price for the work once we have obtained full details of your case. In the alternative, we will carry out work at our hourly rate.
You can contact us at any time free of charge during the course of, or at the conclusion of your case, with any queries in relation to costs or any other area of client care. Your solicitor will discuss with you at the outset an appropriate plan for the payment of our legal cost
