Special Guardianship Order

Are you seeking to apply for an Order that gives you Parental Responsibility for a child? A Special Guardianship Order can provide you legal rights for a child who is not yours.

If you are currently caring for a child who is not yours, you may wish to apply for an order that grants you parental responsibility.  A Special Guardianship Order (SGO) is a private law order made under the Children Act 1989, for a child to live with an appointed ‘special guardian’ until they are 18.  A Special Guardianship Order will grant the ‘special guardians’ parental responsibility of that child, alongside the child’s birth parents.

SGOs are an alternative to adoption and foster placements, meaning that a child can remain with their wider family and continue important family connections as they grow into adulthood.

What are the effects of a Special Guardianship Order?

• You will be granted parental responsibility in respect of the child/children.
• The child will be secure in a long-term placement with a family member.
• The child can maintain important links to their birth parents.
• Will enable the Special Guardian(s) to make day-to-day decisions regarding the child and can exercise their parental responsibility without consulting the birth parents.
• You can take the child out of the country.

Am I eligible to apply for a Special Guardian Order?

In order to apply for an SGO for a child, you must be over 18 and not the parent of the child.  You can also be a family member or friend, an unrelated foster carer, anyone who already has a residence order for the child or someone named as Guardian for the child in a Will.

If you are unsure whether you can apply to be a Special Guardian, then our experienced team at Holmes & Hills can advise you on this, and provide the support you need.

Legal Advice for now, and for the future

• Making long-term living arrangements, for you and the children that are in/ will be in your care under an SGO.
• Arranging on-going, safe contact with the parents of the child, ensuring that this is following the Local Authority’s advice.
• Dealing with preparing the application and preparing you for your SGO assessment.
• Ongoing support for you and your family.

Fixed fee initial Appointment

Holmes & Hills family solicitors want to ensure you get the best possible advice regarding any issues regarding a Special Guardianship Order.  Therefore, we offer a fixed fee initial appointment which allows your solicitor the time to understand your current situation.  Based on the information given by you, your solicitor can offer bespoke advice that takes your own specific situation into account.  

Our family law team provides expert legal advice across Essex and Suffolk, with offices in Colchester, Braintree, Witham, Sudbury, Halstead, Coggeshall and Tiptree.