Special guardianship

View Family by content type:

News

Practice notes

Precedents

Q&As

Latest Family News

Private client, order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Private client, order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

UK accession to Lugano Convention—is the door now closed?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—is the door now closed?

Division of assets in a short childless marriage (E v L)

The following Family news provides comprehensive and up to date legal information on Division of assets in a short childless marriage (E v L)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Restrictions on decree being made absolute—divorce

Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...

Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...

19th May

Practice notes

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...

19th May

Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

19th May

Practice notes

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

19th May

COVID-19

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...

19th May

COVID-19

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Undefended divorce proceedings

Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...

19th May

Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...

19th May

Practice notes

Drafting the terms of a financial consent order

Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...

19th May

Most recent Special guardianship content

Practice notes

Issuing private children proceedings in the Family Court

Issuing private children proceedings in the Family CourtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...

9th Jun

In-house

Q&As

A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?

A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Is it possible to obtain a special guardianship order in relation to a child who is over the age of 16?

Is it possible to obtain a special guardianship order in relation to a child who is over the age of 16?A special guardianship order (SGO) is a private...

5th Jun

Q&As

Does the making of an interim care order automatically discharge a special guardianship order?

Does the making of an interim care order automatically discharge a special guardianship order?Whereas the making of a special guardianship order will...

5th Jun

Q&As

Can the court order a local authority to pay a special guardianship order allowance to former foster parents for more than two years?

Can the court order a local authority to pay a special guardianship order allowance to former foster parents for more than two years?The section...

Produced in partnership with Tim Earl of Suffolk Legal 5th Jun

Q&As

Is it possible to vary a special guardianship order?

Is it possible to vary a special guardianship order?Section 14E of the Children Act 1989 (ChA 1989) provides that ChA 1989, s 11(7) (apart from...

5th Jun

Q&As

Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can extend a property to accommodate the children?

Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can...

5th Jun

Q&As

How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother is terminally ill and the father has parental responsibility for the child but has no contact with the child? Is there any relevant case law in this regard?

How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

A care order was made four years ago placing a child with family members. An application has now been made to discharge the care order and replace it with a special guardianship order. Medical evidence submitted in support of the application is several years old, and the prospective special guardians have stated that there has been no change since the reports were prepared. Do time limits apply regarding medical evidence or in relation to Disclosure and Barring Service checks?

A care order was made four years ago placing a child with family members. An application has now been made to discharge the care order and replace it...

Produced in partnership with Melissa Harrison of Coram Chambers 5th Jun

Q&As

Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?

Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more...

5th Jun

Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Can a special guardian change the surname of a child in their care if the child’s parents have parental responsibility?

Can a special guardian change the surname of a child in their care if the child’s parents have parental responsibility?The effect of a special...

5th Jun

Q&As

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has not yet been issued by the court, nor have directions for filing the report been given. Can the report be filed as soon as it is completed, or only when the court has directed that it be filed? If it can be filed as soon as it is completed, who is responsible for filing the report?

A local authority report has been prepared in relation to a special guardianship application but the application for a special guardianship order has...

5th Jun

Practice notes

Special guardianship orders

Special guardianship ordersSpecial guardianship ordersA special guardianship order (SGO) is an order appointing one or more individuals to be a...

5th Jun

Practice notes

Applicants for a special guardianship order

Applicants for a special guardianship orderCircumstances in which a special guardianship order may be madeThe court may make a special guardianship...

5th Jun

Practice notes

Support for special guardians

Support for special guardiansSupport for special guardiansUnder the Children Act 1989 (ChA 1989), local authorities have an obligation to make...

5th Jun

Practice notes

Duration, variation and discharge of special guardianship orders

Duration, variation and discharge of special guardianship ordersDuration of special guardianship ordersA special guardianship order (SGO) will...

5th Jun

Practice notes

Procedure—special guardianship applications

Procedure—special guardianship applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

5th Jun

Practice notes

The effects of special guardianship orders

The effects of special guardianship ordersSpecial guardianship ordersA special guardianship order (SGO) gives non-parents a more permanent legal...

5th Jun

Practice notes

The court's powers when making a special guardianship order

The court's powers when making a special guardianship orderExisting ordersMaking a special guardianship order (SGO) does not automatically discharge...

5th Jun

Special guardianship

View Family by content type:

Latest Family News

Private client, order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

UK accession to Lugano Convention—is the door now closed?

Division of assets in a short childless marriage (E v L)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Notice of acting

Restrictions on decree being made absolute—divorce

Private children—paramountcy of the child's welfare

Most recent Special guardianship content

Popular documents

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Pre-trial and case management hearings in the Crown Court

EL/PL claims in the portal—a practical guide (Stage 1)

Contact Us

Popular Links

Policies

Follow us