Q&As

Is it possible to vary a special guardianship order?

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Published on LexisPSL on 05/04/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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 paragraph (c))—the power to impose conditions to an order—applies in relation to special guardianship orders (SGO), and orders varying them, as it applies in relation to ChA 1989, s 8 orders.

Pursuant to ChA 1989, s 14D the court can vary or discharge a special guardianship order on the application of:

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

  2. any parent or guardian of the child concerned

  3. any individual who is named in a child arrangements order 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 special guardianship order, parental responsibility for the child

  5. the child, or

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

However certain of those applicants require the permission (leave) of the court (ChA 1989, s 14D(3)) before

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