Special Guardianship

Special guardianship is a formal court order that gives a person parental responsibility for a child or young person, allowing them to live with and care for the child permanently, even if the birth parents still retain some legal ties. Unlike adoption, special guardianship doesn't cut off the child's relationship with their birth parents, and the parents still have some limited legal rights, such as being consulted on certain key decisions. 

Key Features of Special Guardianship:

• Permanent Care:
  A special guardianship order provides a child with a stable, loving home until they turn 18.
• Parental Responsibility:
  The special guardian has parental responsibility for the child, meaning they make day-to-day decisions about care, upbringing, and education.
• Birth Parent Rights:
  While the birth parents still have some limited parental responsibility, they are not the primary caregivers.
• Consultation Required:
  The special guardian must consult the birth parents on significant decisions, such as changing the child's surname, moving overseas, or putting the child up for adoption.
• Not an Adoption:
  Unlike adoption, a special guardianship order does not terminate the legal relationship between the child and their birth parents.
• Flexible Option:
  Special guardianship can be a good option for children who need long-term care but don't necessarily want to be legally separated from their birth family. 

Who Can Become a Special Guardian?

• Close Family:
  Grandparents, aunts, uncles, siblings, or stepparents who have been caring for the child for at least a year can apply.
• Foster Carers:
  Local authority foster carers who have cared for the child for at least a year can also apply.
• Family Friends:
  Other family friends can apply, but usually need permission from the Family Court. 

Benefits of Special Guardianship:

• Permanence: Provides a stable, long-term home for the child.
• Reduced Anxiety: The special guardian and child can feel more secure knowing the child will live with them until adulthood.
• Relationship with Birth Family: Allows the child to maintain a connection with their birth parents.

When is Special Guardianship Considered?

• Long-Term Foster Care:
  If a child has been in long-term foster care, special guardianship may be a suitable option for providing them with a permanent home.
• Family and Friends Care:
  When a child is living with a close family member or friend on a permanent basis, a special guardianship order can provide legal security.
• Religious or Cultural Concerns:
  In some cases, where adoption might be problematic due to religious or cultural reasons, special guardianship can be a viable alternative.

WE at CSSolicitors can  guide you through the process.

Why choose Us?

• We offer legal aid in family matters including mediation
• We offer fixed fee if paying privately
• Our clients trust us
• We treat them with respect
• We listen to them
• We respond to their needs
• We know the law
• We succeed in reaching agreed objectives
• We have a good reputation
• We focus on you