Frequently Asked Questions
What is a Child Arrangements Order?
A Child Arrangements Order sets out the arrangements for a child’s care, including who a child should live with, this would also give you parental responsibility for the child in your care.
This parental responsibility would be equal to that of all other persons with parental responsibility.
In order to make an application for a Child Arrangements Order, you would need permission of all persons with parental responsibility or permission of the court, if you do not currently have parental responsibility yourself.
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What is a Special Guardianship Order?
A Special Guardianship Order is an order appointing one or more individuals to be a child’s special guardian. It is a private law order made under the Children Act 1989 and is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement.
It is a more secure order than a Child Arrangements Order because a parent cannot apply to discharge it unless they have the permission of the court to do so, however it is less secure than an Adoption Order because it does not end the legal relationship between the children and their birth parents. However when such an order is made, it is with a view to the child remaining in the care of the appointed special guardian’s throughout their minority, unless there is a successful application for permission and discharge.
Please note there are a number of matters to consider when making an application for Special Guardianship Order and we can advise you in respect of these.
What is Parental Responsibility?
Parental Responsibility means all the rights, duties, powers, responsibilities and authority which a carer of a child has in relation to a child and their property. It gives the carer responsibility for making important decisions in the child’s life like education, religion and medical care. It enables the carer to make day to day decisions.
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