The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—children proceedings. This Practice Note sets out the current position on the procedure for applications for a special guardianship order.
A special guardianship order (SGO) is an order appointing one or more individuals to be a child’s special guardian, or special guardians.
An applicant for an SGO must be 18 or over and not the parent of the child in question.
Attendance at a family mediation information and assessment meeting (MIAM) is compulsory before issuing an application in relevant family proceedings (such applications include those for special guardianship orders (SGOs)) unless a MIAM exemption or mediator's exemption applies, see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs)—Exemptions. The court may not issue, or otherwise deal with, an application if, in contravention, the applicant has not attended a MIAM. See Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs).
The pre-application requirement for MIAMs is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3 supplemented by FPR 2010, PD 3A.
The requirement to attend a MIAM does not apply when the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234