Children may sometimes live with someone other than their parents for a variety of reasons. In order to ensure that their carers have the authority to make decisions in relation to the day to day exercise of parental responsibility, a Court order may be necessary and for a permanent arrangement a Special Guardianship Order may be considered.
Special Guardianship Orders
You can apply for a Special Guardianship Order in relation to a child if:
You are already the child’s legal guardian (such as if you were appointed guardian under a deceased parent’s will)
the child already lives with you under a Child Arrangements Order
the child has lived with you for 3 of the past 5 years if you are unrelated
you’re the child’s family member or a foster parent, and the child has been living with you for at least 1 year
every person with parental responsibility for the child is in agreement
the child is in the care of the local authority, and they agree to you applying for a Special Guardianship Order.
If none of these apply, you will need to ask the court’s permission to apply for a Special Guardianship Order. This is called “seeking leave to apply”, and we can advise you on the merits and prospects.
It depends very much on the circumstances. If everyone with parental responsibility for the child is in agreement, it may cost in the region of £1800 - £2400 inclusive of VAT. If however there is any disagreement with any parent with parental responsibility you would need to budget for at least £5000 in addition to court fees, VAT and any further disbursements. We can however give you a more accurate quote depending on the particular circumstances of your case and any additional evidence and/or assessments needed. In some circumstances, you may be eligible for Legal Aid and in some very limited circumstances the local authority may assist with your fees.
If none of these apply, you will need to ask the court’s permission to apply for a Special Guardianship Order. This is called “seeking leave to apply”, and we can advise you on the merits and prospects.
Our Family Law Specialists
Our Special Guardianship Order department is composed of dedicated specialists committed to providing clear, sensitive and practical legal support.
