Special Guardianship Orders can be made as a Court Order arising out of care proceedings or can be made in Children Act proceedings.
These Orders affect who holds parental responsibility for children.
All mothers automatically have parental responsibility for children. Fathers will have parental responsibility for children if they are named on their birth certificates, if they are married to the mother at the time of birth, or if the father is given parental responsibility by way of a Court Order or a Parental Responsibility Agreement.
In some situations within care proceedings, the Court will make Orders sharing parental responsibility with the Local Authority.
If a child is adopted then parental responsibility will be taken away from biological mother and father and the child’s new parents (the adopters) will gain parental responsibility for them.
Someone named in a Child Arrangements Order as the person that a child lives with will gain parental responsibility for that child, for example, a grandparent who has a Child Arrangements Order that the child lives with them, will have parental responsibility for them under that Order. This will be on an equal level to the parent or parents who hold parental responsibility. So big decisions for the children would need to be made together, with everyone who has parental responsibility being in agreement.
A Special Guardianship Order is different; it gives the Special Guardians parental responsibility at an enhanced level to that of the parents. It does not remove parental responsibility for the parent or parents but can limit it significantly. The Special Guardians would be in charge of day to day decision making for the child and will be able to make important decisions for children such as which schools they go to and what holidays they go on etc, without needing the agreement of the parents. It is also more difficult for the parents if they disagree with a certain decision or want to remove this order, as they require the court’s permission first before such application would be considered.
They are therefore very important Orders, and if the situation arises where you think that you should apply for one, or the Local Authority have advised you to apply for one or are talking about this Order being applied for in respect of your children, please contact one of our expert Family Solicitors on 0113 284 5000 or email family@isonharrison.co.uk.
