Special Guardianship Order Solicitors
A Special Guardianship Order (SGO) is a court order that places a child with someone other than their birth parents. They provide long-term care and security for the child and their carer (known as a Special Guardian).
Special Guardianship Orders can remain in place until the child turns 18.
Our specialist child law solicitors advise parents and carers on Special Guardianship Orders across the UK from our offices in Bristol and South Gloucestershire, in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. To speak to a member of our friendly team, call 0117 325 2929 or fill out this form and we will be in touch.
Blog | What is a Special Guardianship Order?
Who can apply for a Special Guardianship Order?
You can apply for a Special Guardianship and to be a Special Guardian if:
- You are over the age of 18.
- You are not the child’s biological parent (but you can be related).
- You already hold the title of ‘legal guardian’.
- The child already lives with you via a Child Arrangements Order.
- The child has lived with you for at least three years.
- You are the child’s foster parent, and they have been living with you for at least one year.
- You have permission from your local council (if the child is in care).
- Those with current parental responsibility for the child have given permission.
- You have permission/agreement from everyone named in a Child Arrangements Order.
You can also make a joint application for a Special Guardianship Order with someone else. This can be your partner, for example, but you do not have to be married.
If you do not meet the criteria, you will need to ask the court’s permission to apply for a Special Guardianship Order.
A parent of a child cannot apply for an SGO.
Blog | What’s the difference between a Special Guardianship Order and a Child Arrangements Order?
Parental responsibility
Special Guardians obtain full and overriding parental responsibility. This means they have the final say in all matters concerning parental responsibility. Special Guardians are responsible for the day-to-day care and decisions for the child, but it also includes significant decisions such as what school they go to and how much time they should spend with the other parent. Special Guardians can take a child out of the county for up to three months without the consent of others with parental responsibility.
The child’s birth parents usually maintain contact with their child, but the Special Guardian/s can apply their parental responsibility without consulting them. In the event of a conflict between the parent/s and Special Guardian/s, the Guardian’s decision will take precedence.
How our child law solicitors can help
Our specialist Special Guardianship Order solicitors provide common sense advice to parents and carers across the UK from our offices in Bristol and the surrounding area. Our team has decades of experience helping families navigate the complex and emotionally challenging area of child law.
We are recognised as one of the leading family law practices in the South West, having achieved top rankings from the Legal 500 and Chambers and Partners UK.
In addition to Special Guardianship Orders, our child law solicitors pride themselves on providing practical solutions to a range of issues, including:
- Child Arrangements Orders
- Prohibited Steps Orders
- Specific Issue Orders
- Parental Orders
- Child Access
- Care Proceedings
Find out more about our child law expertise here.
To discuss how we might be able to help you with a Special Guardianship Order or another area of child law, call 0117 325 2929 or fill out this form and we will be in touch as soon as we can.
Special Guardianship Order FAQs
You can apply to be a child’s Special Guardian when they cannot live with their birth parents. Special Guardianship Orders are commonly made at the end of care proceedings as an alternative to the child being placed into care, and when adoption is not a suitable option.
Special Guardianship Orders can also be made in cases where it would be difficult for the Special Guardians and the child’s parents to reach an agreement on issues such as what school the child should attend or the arrangements for the child to see their parents. An SGO would avoid repeated court applications for such issues to be determined.
Special Guardians can make all important decisions about the child they are caring for until they turn 18. They will share parental responsibility with the birth parents but have the right to make decisions without their permission or agreement.
The main responsibilities of a Special Guardian include:
- To give the child a permanent, safe and secure home.
- Make day-to-day decisions for the child such as where they go to school and making sure they attend school.
- Promoting health and emotional wellbeing, including making sure they attend medical appointments.
There are some decisions Special Guardians are not authorised to make, without the birth parents’ permission. These include:
- Changing the child’s surname.
- Taking the child out of the country for longer than three months.
- Placing the child for adoption.
To apply for a Special Guardianship Order, you must notify children’s services (within the Local Authority where the child resides) in writing at least three months before submitting your application to the family court. The Local Authority needs to carry out an assessment before the court can make a Special Guardianship Order.
You can apply for an SGO without the agreement of the child’s parents.
To apply to be a Special Guardian, you can make an agreement privately or with the Local Authority.
Once an SGO is granted, the local authority will make arrangements to support the child and the Special Guardian, including assisting with contact arrangements between the child and their birth parents and assessing their eligibility for financial help.
It is possible to apply for a Special Guardianship Order without a solicitor, via your Local Authority. However, it is wise to take legal advice from a child law solicitor who can advise you on giving the required notice to the Local Authority, help you draft the application and review the support plan offered by the Local Authority. Your lawyer can also represent you at any court hearings.
A Special Guardianship Order comes to a natural end once the child turns 18. You can end a Special Guardianship Order before this, however, the legal process is complex, so it is important to seek legal advice if you are considering revoking or ending a Special Guardianship Order.
Special Guardianship Orders last until the child reaches 18 years old unless it is revoked before that.
Contact our Special Guardianship Order solicitors
For advice on applying for a Special Guardianship Order, get in touch with our child law solicitors in Bristol. To speak to a member of our team about your circumstances, call 0117 325 2929 or fill out our enquiry form.