Special guardianship

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Notice of acting

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

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

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

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

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

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

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

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Special guardianship content

Q&As

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 paragraph (c))—the power to impose conditions to an...

29th Sep

Q&As

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 law order provided by section 14A(1) of the Children Act 1989 (ChA 1989) appointing one or more...

28th Sep

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?

The court may appoint an individual to become a child’s guardian in one of three circumstances including if the child has no parent with parental...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

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?

Section 31(1) of the Children Act 1989 (ChA 1989) provides that on an application for a care or supervision order by ‘any local authority or...

28th Sep

Q&As

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

Whereas the making of a special guardianship order will automatically discharge a care order by virtue of section 91(5A) of the Children Act 1989 (ChA...

28th Sep

Q&As

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 guardianship order (SGO) is that, while the order remains in force, the special guardian appointed by the order has parental...

28th Sep

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 special guardianship order is an order appointing one or more individuals to be a child’s ‘special guardian’ pursuant to section 14A of the Children...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

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?

The section 14A(11) of the Children Act 1989 provides that 'The court may not make a special guardianship order unless it has received a report…[from...

Produced in partnership with Tim Earl of Suffolk Legal 28th Sep

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?

Section 3 of the Children Act 1989 (ChA 1989) defines parental responsibility as being ‘all the rights, duties, powers, responsibilities and authority...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

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?

The best way to approach this issue is to consider what information the court would need in order to be satisfied that:•the care order can and should...

Produced in partnership with Melissa Harrison of Coram Chambers 28th Sep

Practice notes

The court's powers when making a special guardianship order

Existing ordersMaking a special guardianship order (SGO) does not automatically discharge any existing orders made under section 8 of the Children Act...

27th Sep

Practice notes

Procedure—special guardianship applications

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

26th Sep

Practice notes

Special guardianship orders

Special guardianship ordersA special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has...

26th Sep

Practice notes

Issuing private children proceedings in the Family Court

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

26th Sep

In-house

Practice notes

The effects of special guardianship orders

Special guardianship ordersA special guardianship order (SGO) gives non-parents a more permanent legal status than they would have if they were named...

25th Sep

Practice notes

Duration, variation and discharge of special guardianship orders

Duration of special guardianship ordersA special guardianship order (SGO) will continue until the child attains the age of 18 unless it is discharged...

25th Sep

Practice notes

Support for special guardians

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

25th Sep

Practice notes

Applicants for a special guardianship order

Circumstances in which a special guardianship order may be madeThe court may make a special guardianship order (SGO):•as the result of a free-standing...

25th Sep