The Adoption and Children Act 2002 introduced Special Guardianship and Special Guardianship Orders, which are orders made under the original Children Act 1989.
Such orders are serious, as they involve appointing one or more people, other than a child’s birth parents, to be a child’s ‘special guardian’. These are made when it has been decided it is no longer appropriate or safe for a child to live at home with their parents.
Representation for family members/grandparents in relation to applications for Special Guardianship Orders
It is not possible for a parent to override a Special Guardianship Order without a court’s permission; in other words, it is binding. However, such orders differ from Adoption Orders in that they do not end the child’s legal relationship with their parents.
Legal Assistance with Special Guardianship Orders
Here at Stuart Gordon Solicitors, we are very experienced in representing family members, often grandparents, in Special Guardianship Order proceedings, and we can help you today.
In order to apply for an order, you must be at least 18 years of age, and not be the parent of the child. Applications can be made to the court alone, or jointly with someone else. A variety of people are eligible to apply, including:
- A person who already has a Child Arrangements Order or a Residence Order for the child
- A guardian of the child in question
- Anyone with the consent of the local authority if the child is in care
- Any person with which the child has lived with for at least three out of the last five years
- You are a relative of the child and the child has resided with you for at least one year immediately pre-dating an application for a Special Guardianship Order
- A local authority foster parent with whom the child has lived for at least one year preceding the application.
- Anyone who has the consent of those with the parental responsibility
- Anyone who has permission of the Court to make the application.
As it is plain to see, the law surrounding Special Guardianship Orders is complex and detailed, which is where Stuart Gordon Solicitors is able to help you.
Once a special guardian has been appointed by the court, that individual or individuals become responsible for the day-to-day decisions about the child’s care and upbringing, and so such responsibility is serious, and a decision cannot be made lightly. This is where specialist legal knowledge and experience comes in, with the help of Stuart Gordon Solicitors.
Contact Stuart Gordon Special Guardianship Order Solicitors Leeds
In order to discuss your options regarding Special Guardianship Orders, please contact us today. We can be contacted by phone, email or via the website, and will be delighted to help you.