The court's powers when making a special guardianship order
The court's powers when making a special guardianship order

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

  • The court's powers when making a special guardianship order
  • Existing orders
  • Child arrangements orders—contact
  • Child's surname
  • Removal from the jurisdiction
  • Additional powers when making a special guardianship order
  • Enforcement

Existing orders

Making a special guardianship order (SGO) does not automatically discharge any existing orders made under section 8 of the Children Act 1989 (ChA 1989) (s 8 order).

The court must specifically consider before making an SGO whether it should vary or discharge any existing section 8 order.

The test to be applied is whether it will be in the child's best interests to allow an existing order to remain in force.

If a CAO that contains contact provisions regulating with whom the child is to have contact and when that contact should take place is not discharged and there is an enforcement order in place, the court must consider whether or not to revoke that enforcement order.

Where there is an activity direction the court must consider whether that should be discharged.

Child arrangements orders—contact

Before making an SGO the court must also consider whether, if the order were made, it should also make a a CAO containing contact provision. Contact provision is defined in ChA 1989, s