Special Guardianship Orders

When a court makes a Special Guardianship Order, the Special Guardian acquires parental responsibility and can exercise that parental responsibility to the exclusion of anyone else with parental responsibility.  Accordingly, it can give a Special Guardian more rights, powers and authority than the parent of a child.   

Who can apply?

Typically, extended members of the child’s family might make an application for a Special Guardianship Order (e.g. uncles, aunts, grandparents).  A parent cannot make such an application.

What is the difference between adoption and being a Special Guardian?

Special Guardianship can be an alternative to adoption, and may be more appropriate for children in certain circumstances (e.g. for older children who do not want a complete legal split from their birth family). A Special Guardian has parental responsibility for a child but, unlike in an adoption, the birth parents retain their parental responsibility. In relation to most issues, a Special Guardian can use his or her parental responsibility ahead of anyone else with parental responsibility. 

Unlike adoptive parents, Special Guardians can only change a child’s name with the court’s permission. Special Guardianship can be a useful option for foster carers, friends or family, who otherwise do not have parental responsibility. 

Financial support

To assist with providing care, a Special Guardian may be able to pursue means tested support or practical support from the Local Authority.

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.