Special Guardianship

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If a child is no longer able to live with their birth parents and adoption is not the right path for them, the best solution may be to apply for a Special Guardianship Order (SGO Order). These orders provide a long-term care option for children, but do not remove parental responsibility from the birth parents as is otherwise the case for adoption.

At Taylor Emmet, our specialist team can support you in making an application for a Special Guardianship Order, ensuring that the correct arrangements are in place to protect their welfare. Rest assured that the wellbeing of your loved ones is our utmost priority.

Unsure about Special Guardianships?

Broadly speaking, anyone other than the child’s parents can ask for a special guardianship order. Our Childcare Solicitors can help.

Our expertise with Special Guardianship Orders

At Taylor Emmet, we have been recognised as having one of the leading Family Law teams in the Sheffield City Region and beyond by The Legal 500.

We have extensive experience handling every aspect of the Special Guardianship Order process. You can be safe in the knowledge that our team can answer any question and address any concern you might have about how the process will work and what challenges you may face.

Our team’s collective expertise in helping families from a wide variety of backgrounds means that we can offer bespoke legal support tailored to your circumstances and the outcome you are looking to achieve.

Members of our team are also on the Law Society’s Children Panel, enabling them to represent children and demonstrating our expertise in child law.

How our Special Guardianship Solicitors and Lawyers can help you

Applying for a Special Guardianship Order

Applying for a Special Guardianship Order can be a lengthy process. There are several steps to go through, all of which need to be carefully navigated to make sure that no mistakes are made which could delay the overall process.

Part of the process of applying for a Special Guardianship Order will involve a Local Authority carrying out an investigation and preparing a report for the courts to determine your suitability for becoming a special guardian.

Our specialist Special Guardianship Order Solicitors and Lawyers will work alongside you to meticulously prepare every aspect of your Special Guardianship Order application, including completing all of the essential forms and attending court hearings.

Ending Special Guardianship Orders

Special Guardianship Orders can represent a significant change in circumstances for many families, which means it is not uncommon for a child’s birth parents to want to challenge or end the order.

We understand how difficult this can be for all concerned. The mere threat of an order coming to an end can cause significant distress, so it is important to understand how the process will work and what you can do to ensure that the Order remains in place, so long as this is the right decision for the child’s welfare.

Depending on the nature of the case and why an application to end an SGO has been made, a number of potential avenues may be explored to come to a suitable outcome, including mediation, negotiation or court action.

Our experts will carefully assess your case and the context surrounding the application, using this key information to provide close personal support and robust representation, advocating for the child’s best interests at every possible opportunity.

Alternatives to Special Guardianship Orders

Special Guardianship Orders may not always be the right solution for your family. There are various alternatives which we will be able to explore with you, making certain that you are able to find the right outcome for the child in question.

For example, our team could help you with:

Frequently asked questions about special guardianship

What is a Special Guardianship Order?

Introduced in December 2005, special guardianship provides a middle ground between adoption and child arrangements orders. It grants parental responsibility but, unlike a child arrangements orders, that authority can be exercised to exclude the parents, offering carers full control of day-to-day decision making.

Special guardianship is more secure than a child arrangements order order, as the child’s parents do not have an automatic right to ask for it to be discharged. They would need the court’s permission (known as ‘leave’) to do this.

How long does a Special Guardianship Order last?

A Special Guardianship Order in the UK will last until the child turns 18 unless it is revoked or amended.

Who can apply for a Special Guardianship Order?

Broadly speaking, anyone other than the child’s parents can ask for an SGO Order for guardianship of a child. There are rules about who has the right to apply and who needs to obtain leave from the court. Special guardians must be aged 18 or over and cannot be a parent of the child.

No matter your eligibility, you will always need to notify children’s services three months prior to making an application for a court order for guardianship. An investigation will then be carried out by children’s services, who will then prepare a report for the court to determine whether the application should go ahead.

How can I apply for a Special Guardianship Order?

Anyone who wishes to apply for legal guardianship in the UK must notify the local authority of their intention. The local authority then has three months to produce a detailed report for the court, and once this period has passed, an application can be made.

You will also need to inform anyone who is named in existing court proceedings or orders about the child that you are planning to make an application. If you wish, you can also apply to keep your contact details (and those of the child) private throughout court proceedings.

How will the court decide whether to grant the order?

When considering an application for special guardianship, the court’s primary focus will always be to protect the child’s best interests. Every order is decided on its own merits.
Is there support available for special guardians?

All local authorities are obliged to put support in place for special guardians. As part of its report to the court, the council must consider whether those services are to be provided. This can include:

Financial assistance
Mediation
Counselling
Therapy
Special training
Respite care

Can a Special Guardianship Order be removed?

It is possible for a Special Guardianship Order to be removed by the courts if it can be shown that there has been a significant change in circumstances. Alternatively, the order can also be amended, rather than removed, as a more accurate reflection of the relationship between various parties.

Anyone who intends to end a Special Guardianship Order must make an application to the courts in order to do so. The courts will then examine the evidence presented to them and decide whether the change in circumstances is sufficient enough to change the order, as well as what sort of impact their decision will have on the child’s welfare.

Are there alternatives to Special Guardianship Orders?

Yes, there are several alternatives to Special Guardianship Orders. Long-term foster care, Child Arrangement Orders and adoption are all examples of other arrangements which may be better suited to align with a child’s best interests instead of an individual becoming a legal guardian.

We have Family Law Solicitors near you

If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.

0114 218 4000

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Any issues that concern children have the potential to be extremely complex and fraught with conflict. We’re here to make sure that you can find a resolution quickly and painlessly, avoiding court proceedings wherever possible.

Adoption

Adoption Orders aim to provide a stable family environment for a child, with a view to providing successful integration into a new family life.

The adoption process has the potential to be extremely complex, with various steps needing to be correctly handled to ensure that a positive outcome is achieved with minimal disruption. No matter which side of an adoption you are on, it is vital that you receive practical and expert support at every stage.

Whether you need general legal advice on adoption, are currently going through the adoption process, or find yourself involved in an adoption appeal or dispute, it is vital that you receive specialist support from a team who have a detailed understanding of adoption law.

Care Proceedings

If a Local Authority’s social services department has concerns over a child’s welfare or believe they may be at risk of suffering harm, they will become involved with the family and may see fit to start care proceedings. If care proceedings are commenced in respect of a child in your family, this could mean that they are removed.

We understand how upsetting and stressful care proceedings can be. Our team will work with you closely and provide support throughout the process, making sure you know what to expect and that your rights are protected.

Child Abduction

Having your child taken from you without your agreement is a parent’s worst nightmare. In some cases, this could be classed as child abduction.

If you need support in protecting your child, our team can help you to take immediate action. Our professional team of Child Law Solicitors and Lawyers have the skills to help you make an urgent application to the courts for the return of your child.

If required, we can also take emergency steps to prevent children from being removed from the country.

Child Arrangements Orders

A Child Arrangement Order is a type of court order which can be used to decide various aspects of your child’s upbringing. This includes deciding with whom they will live, how much time they spend with both parents and what type of contact will take place.

Such an order can be made if you are unable to resolve a dispute with your former partner about certain arrangements for your children.

Our Child Law Solicitors and Lawyers can help you to negotiate an agreement and, if this is unsuccessful, guide you through the process of making a Child Arrangement Order application.

Legal Aid

The availability of legal aid for family law cases has significantly reduced in recent years. However, there are certain scenarios where it may still be available.

As we have a contract with the Legal Aid Agency, our team can determine whether you are eligible for legal aid and, if so, support you with your application.

Parental Responsibility

Parental responsibility refers to the rights, duties, powers, responsibilities and authority that a parent has in respect of their child. When you have parental responsibility, you can make various decisions on behalf of your child.

Not all parents automatically have parental responsibility. If you wish to obtain parental responsibility for a child, it may be possible to make a parental responsibility agreement or apply to the court for parental responsibility order if you cannot reach an agreement.

In both scenarios, our Child Law Solicitors and Lawyers can work with you to offer the support you need.

Special Guardianship provides a middle ground between adoption and a Child Arrangements Order and can be used in situations where it is not possible for a child to live with their parents. When granted, a special guardianship order places a child or young person into care with someone other than their birth parents.

Whether you intend to make a Special Guardianship Order or a Special Guardianship Order has been applied for in relation to your child, our team can help you take the appropriate action and advise you on the options at your disposal.

Frequently asked questions about Children Law

How do I prepare for child custody court?

It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.

The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.

Can I avoid going to court?

In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.

Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.

What happens if we can’t reach an agreement?

If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.

Do I need a solicitor for child arrangements?

It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.

Do I have parental responsibility?

Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.

If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.

What orders can the family court make?

The family court has the power to make various orders in respect of children, such as:

Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
Specific Issue order – Settles a dispute between parents with parental responsibility.
Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
Responsibility Order