Guardianship law & guidance

Guardianship refers to the process of becoming a child’s legal guardian and having parental responsibility for that child until they reach the age of 18, taking responsibility for their care and wellbeing.

For most parents, not being able to take care of their child is unthinkable, however certain circumstances may prevent them from doing so, such as prolonged illness, disability or other circumstances. In these cases they may choose to, or have to, look at appointing a legal or special guardian to take care of any children. Legal guardians may also be appointed if children have to be removed from their home due to neglect, violence or abuse, and are then responsible for making sure any children are safe and their needs are covered.

Guardianship law and becoming a legal or special guardian is a complex process. If you are in a situation where you have been asked to become a legal or special guardian for a child, or are considering this based on certain circumstances, our team of guardianship lawyers can help.

We can offer you advice on the best course of action and what is appropriate to your situation, taking a tailored approach for your individual circumstances and offering a robust plan to suit everyone’s needs.

Our specialist guardianship law solicitors look after clients across Sussex, with offices in Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford and Storrington, as well as London.

Who can be a legal or special guardian?

This usually depends on each situation but generally you can become a legal guardian if the following applies:

• You are over the age of 18 and not the child’s biological parent
• You are able to provide a safe and stable home environment
• You are a relative such as a grandparent, aunt or uncle, older sibling or family friend, or foster parent and the child has lived with you for at least a year
• There is a child arrangements order in place meaning the child lives with you
• Everyone with parental responsibility has agreed for you to become a legal guardian
• The child is in care and the local council has agreed for you to become

It is important to note that being a grandparent, sibling or family member does not automatically give legal rights to be able to care for a child. In the event of both parents’ death, legal guardians must be named in a Will or if the parents cannot take care of a child, family members can apply for a Special Guardianship Order to become a legal guardian.

Special Guardianship Orders – guidance and advice

Special guardianship and the granting of a Special Guardianship Order (SGO) is similar to full legal guardianship of a child, giving the guardian parental responsibility and the final say on decisions relating to the child’s care, wellbeing and upbringing.

An SGO does not legally end the child’s relationship with their parents and allows for them to maintain a relationship with them SGOs are usually appropriate for circumstances in which the parents can not look after the child, but it is not in the best interests of the child to stop all contact.

For special guardianship guidance and legal help, contact us today

If you’re a grandparent or family member, or have asked to become a legal or special guardian and need help, contact our team of guardianship lawyers today.