Guardianship
Guardianship in UK family law refers to the legal responsibility for a child’s care and upbringing when their parents are unable to do so. A guardian is an adult who is legally appointed to look after a child if the child’s parents die or are unable to care for them.
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Who Can Be a Guardian?
- A relative (e.g., grandparent, aunt, uncle, sibling).
- A family friend or someone chosen by the parents.
- A foster carer or local authority, in cases where the child is in care.
A guardian is legally responsible for making important decisions about the child’s welfare, education, and healthcare.
When is Guardianship Needed?
Guardianship is usually needed when:
- Both parents have died and a guardian is named in their will.
- A parent loses parental responsibility (e.g., due to court orders, abuse, or neglect).
- A child is orphaned or abandoned.
- Parents are unable to care for their child due to illness, imprisonment, or other serious reasons.
How is a Guardian Appointed?
- By a Parent in Their Will – A parent can legally appoint a guardian in their will. If both parents die, the guardian takes over parental responsibility.
- By Court Order – If no guardian is named, the Family Court may appoint one under a Special Guardianship Order (SGO).
- Through Local Authority Involvement – If a child is in care, the local authority may apply for a guardianship arrangement.
Types of Guardianship in UK Law
Testamentary Guardianship
- A parent can name a guardian in their will to take over if they die.
- This ensures the child is cared for by someone they trust rather than the local authority deciding.
Special Guardianship Order (SGO)
- This is a legal order where the Family Court gives a non-parent (e.g., grandparent, relative, or foster carer) long-term parental responsibility.
- The guardian can make important decisions about the child’s upbringing without needing parental consent.
- Parents still have legal ties, but their rights are limited.
Local Authority Guardianship
- If a child is in care proceedings, the local authority may appoint a guardian ad litem (a legal representative who speaks for the child in court).
- This applies in cases of child protection or adoption.
Why Choose Wildings Solicitors?
- Parents can name a guardian in their will, but a solicitor ensures it is legally valid and properly drafted.
- A solicitor helps with A Special Guardianship Order (SGO) gives a non-parent long-term parental responsibility. This is a process that includes completing the SGO Application (Form C1) , gathering evidence to show why the child should live with the guardian and representing you in court hearings.
- At Wildings Solicitors, we represent you in court in instances such as:
– If multiple family members want guardianship, a solicitor helps argue your case.
– If biological parents object, a solicitor can defend your position in court.
– They can also help if social services or the local authority are involved. - If a child’s parents live abroad or a guardian wants to take a child out of the UK, a solicitor ensures compliance with UK and international family law.
Book your initial consultation with our Family Law Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
