You can apply to be a child鈥檚 special guardian if you鈥檙e not their parent and you鈥檙e over 18. You can make an application with someone else. This is known as a joint claim. You and anyone you鈥檙e applying with can apply if: you鈥檙e already the child鈥檚 legal guardian the child lives with you because of a child arrangements order the child has lived with you for 3 of the past 5 years you鈥檙e the child鈥檚 relative or a foster parent, and the child has been living with you for at least 1 year you have the agreement of anyone named in a child arrangements order as someone who the child will live with you have the agreement of all the people with parental responsibility for the child you have the agreement of the local council, if the child is in care If you do not fit one of these descriptions, you鈥檒l need to ask the court鈥檚 permission to apply. You鈥檒l need to send the following forms to your local family court : 鈥楳ake an application in existing court proceedings relating to children鈥� (form C2) 鈥楩amily mediation and assessment meeting鈥� (form FM1)

You can use a family mediator to help make arrangements with the child鈥檚 family to avoid having to apply to the court. It costs 拢255 to apply to the court. You may be able to get help with court fees if you鈥檙e on benefits or a low income. Before you apply Three months before you apply to become a special guardian you need to tell your local council in writing that you plan to make an application. You also need to tell anyone named in existing court proceedings or orders about the child that you plan to make an application. Applying to the court Fill in these forms and send them to your local family court: an 鈥楢pplication for an order鈥� (form C1) a supporting statement (form C13A) a 鈥楩amily mediation information and assessment meeting鈥� form (FM1) to show you鈥檝e been through mediation or why you could not go Make copies of your completed forms before you send your application to the court. You鈥檒l need to send these copies to each person affected by the application after you apply . Find your local family court . If you want to keep your details private You can apply to keep your and the child鈥檚 contact details private throughout the court proceedings. Fill in 鈥楢pply to keep your contact details confidential from other parties in family proceedings鈥� (form C8) and send it with your application.

Within 10 days of receiving your application the court will send you a case number and a date for a meeting to set out: a timetable for your case how it will be dealt with This meeting is called a 鈥榝irst directions hearing鈥�. You must go to all hearings you鈥檙e told to unless the court excuses you. If you鈥檙e not able to go, contact the court office . Contact people in the child鈥檚 life You must send the date and location of the hearing along with copies of your application to everyone with parental responsibility for the child. If there is a current care order about the child, you should also send details of the hearing and copies of your application to: everyone you believe had parental responsibility before the current court-made care order the court-appointed Cafcass children鈥檚 guardian You must also tell the following people and organisations that you鈥檝e applied: the children鈥檚 services department of your local council or the council local to where the child is staying, if that is different everyone who cares for the child the home where the child stays if it is a registered children鈥檚 home or a voluntary home and it is a refuge everyone the child has lived with for at least 3 years before you made the application anyone else named in a current court order anyone involved in any other ongoing proceedings that might be affected by your application The final hearing The court will decide if a special guardianship order is in the best interests of the child after looking at all the evidence, and in some cases, hearing from witnesses. If the court agrees, they will send the final order to you and the other people involved in the case, including the birth parents. Financial help for special guardians You might be able to get a special guardian allowance from the children鈥檚 services department of your local council .

Become a special guardian: What is a special guardian

Become a special guardian

What is a special guardian

You can apply to be a child鈥檚 special guardian when they cannot live with their birth parents and adoption is not right for them.

You鈥檒l be responsible for looking after the child until they鈥檙e 18 (unless the court takes your responsibility away earlier).

You鈥檒l make all day to day decisions about the child, for example schooling and medical treatment. You do not have to discuss these decisions with the birth parents.

You鈥檒l need to get the consent of everyone who has parental responsibility for the child before you make some important decisions, for example:

changing the child鈥檚 surname
putting the child up for adoption
taking the child abroad for more than 3 months
the child having surgery for reasons other than improving health, such as circumcision, sterilisation or cosmetic surgery

If you cannot get consent, you can ask the court to decide. Use the form 鈥楳ake an application in existing court proceedings related to children鈥� (form C2).

View a printable version of the whole guide

188体育

Become a special guardian

What is a special guardian

Is this page useful?

Help us improve 188体育

Help us improve 188体育

188体育

Cookies on 188体育

Become a special guardian

What is a special guardian

Related content

Is this page useful?

Help us improve 188体育

Help us improve 188体育