Duration, variation and discharge of special guardianship orders
Duration, variation and discharge of special guardianship orders

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Duration, variation and discharge of special guardianship orders
  • Duration of special guardianship orders
  • Variation and discharge of special guardianship orders
  • Procedure
  • Termination

Duration of special guardianship orders

A special guardianship order (SGO) will continue until the child attains the age of 18 unless it is discharged sooner by an order of the court.

An SGO cannot be made for a specified period in the way that a child arrangements order (CAO) can; it can, however, contain provisions which are to have effect for a specified period of time.

Variation and discharge of special guardianship orders

An SGO may be varied or discharged before the child is 18 either on an application by those categories of applicant specified or on the court's own motion. Some applicants will require leave of the court to make the application.

An application to vary or discharge an SGO may be made by:

  1. the special guardian (or any of them, if there are more than one)

  2. any parent or guardian

  3. any individual who is named in a CAO as a person with whom the child is to live

  4. anyone who does not come into the above categories who has, or had immediately before the making of the SGO, parental responsibility for the child

  5. the child

  6. any local authority designated in a care order with respect to the child

Certain applicants require leave of the court before making an application to vary or discharge an order including:

  1. the child

  2. any

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