Special guardianship

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Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

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...

Working with counsel

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

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...

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

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

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...

19th May

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

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

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...

19th May

Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

19th May

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

19th May

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...

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

Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...

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

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 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

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Most recent Special guardianship content

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 18th Aug

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...

18th Aug

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...

18th Aug

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...

18th Aug

Practice notes

Procedure—special guardianship applications

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

18th Aug

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...

18th Aug

In-house

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...

18th Aug

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...

18th Aug

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...

15th Aug

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...

15th Aug

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...

15th Aug

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...

15th Aug

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 15th Aug

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...

15th Aug

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 15th Aug

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 15th Aug

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...

15th Aug

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...

15th Aug

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...

15th Aug

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 15th Aug

Special guardianship

View Family by content type:

Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Featured Family content

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

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Special guardianship content

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