Parental Alienation
Parental Alienation is a real thing and is well recognised in the family courts as something that ha...
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An application for a Special Guardianship Order (SGO) is often made in times of turmoil and stress. For example, a grandparent may make an SGO application because a child’s parents cannot provide adequate care because of addiction or mental health problems. Foster carers who plan to look after a child long-term are also encouraged to apply for an SGO to help the child feel secure.
At RVS Solicitors, our family law team understand SGO’s and will ensure your application is made correctly. If you suspect having an SGO in place will be of benefit to a particular child, we will provide you with the advice and support you need.
We are members of Resolution and follow their Code of Practice which focuses on resolving family disputes in a non-confrontational and peaceful way. This is especially important when making applications for an SGO where family relationships may already be strained. Our Our philosophy is based on helping clients resolve disputes in a calm, respectful manner, which has been proven to lead to long-lasting agreements and improved communication between family members.
Director & Head of Family Law Barrister Trainee Solicitor ParalegalOur experts in Family Law
SGOs are seen as a halfway house between adoption and Child Arrangement Orders. Their purpose is to give children a secure, permanent home without legally severing the child’s link to their birth parents. They are frequently used in situations where the child is remaining in the care of their wider family and is likely to require long-term support from a local authority.
An SGO confers parental responsibility to the person holding the order. They can make decisions on a child’s living arrangements, schooling, and leisure etc. If you have an SGO, your decisions override anyone else who has parental responsibility, except another SGO holder. The only exceptions to this is a special guardian cannot change the child’s surname or take them overseas for three months or more without the consent of everyone with parental responsibility.
To apply for an SGO, you must first establish whether you can make an application without leave of the Court. We can quickly advise you whether leave is required and if it is, make a robust application for permission.
When making an application for an SGO you need to inform the relevant local authority of your intention at least three months prior.
It should be noted that if there are ongoing care proceedings, the leave to the Court and notification to the local authority requirements are regularly overlooked to expedite the process and allow the child to enjoy some stability. If this occurs, we will ensure such waivers are recorded to avoid any future disputes.
As well as assisting you with the application form, we will prepare a detailed covering letter stating your:
To make an SGO the Court requires a report that deals with the matters set out in section 14 A (8) of the Children Act 1989. These are:
In most cases, this information will be provided in a Local Authority Report.
Additionally, the Special Guardianship (Amendment) Regulations 2016 require further information regarding the child and prospective special guardian, including:
The local authority will also provide a Support Plan, which sets out the social and financial support provided to the child subject to an SGO application.
Rakhi and her team will provide you with the expert guidance and representation required to make an SGO application. You can contact us in strict confidence on 020 3372 5125 or complete our online enquiry form to make an appointment.
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Our solicitors specialise in all matters concerning family law including child law and divorce. For more advice or a free assessment call 020 3372 5125 or complete our online enquiry form.
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