Pre-order considerations for special guardianship. s. 14B
Court must consider contact, existing orders, enforcement, activity directions before SGO. May also grant name change or s.14C(3)(b) leave. CA 1989 s.14B.
14B Before making a special guardianship order, the court must consider whether, if the order were made— a child arrangements order containing contact provision should also be made with respect to the child, . . . any section 8 order in force with respect to the child should be varied or discharged. where a provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to that provision should be revoked, and where an activity direction has been made— in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or in other proceedings that relate to such an order, that direction should be discharged. In subsection (1) “ contact provision ” means provision which regulates arrangements relating to— with whom a child is to spend time or otherwise have contact, or when a child is to spend time or otherwise have contact with any person; but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person. On making a special guardianship order, the court may also— give leave for the child to be known by a new surname; grant the leave required by section 14C(3)(b), either generally or for specified purposes.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Before making a special guardianship order, the court is required to consider several things. It must decide whether to also make a child arrangements order that includes contact provision (rules about when and with whom the child spends time, other than living with them). It must also consider whether to vary or discharge any existing section 8 order (such as a child arrangements order or prohibited steps order) that affects the child, and whether to revoke any enforcement order that was made for breach of a contact provision in a child arrangements order. Additionally, if an activity direction was made in proceedings relating to a child arrangements order, the court must consider discharging it.
A contact provision is defined as regulating arrangements about with whom a child spends time or has contact, and when that happens, as long as it is not living with that person.
On making the special guardianship order, the court has the power to grant leave for the child to be known by a new surname, or to grant the leave required by section 14C(3)(b) (for example, to remove the child from the United Kingdom) either generally or for specified purposes.
When it applies
- A special guardianship application is before the court and there is an existing child arrangements order giving the birth mother contact; the court must consider varying it.
- A local authority applies for a special guardianship order for a foster child, and there is an enforcement order against a parent for breaching contact; the court must consider revoking it.
- In earlier proceedings the court made an activity direction requiring a parent to attend parenting classes; now a special guardianship order is sought and the court must consider discharging that direction.
- After making a special guardianship order, the special guardian wants to change the child's surname; the court may grant leave under this provision.
What this section does not say
- This provision does not set out the criteria for making a special guardianship order (that is in s.14A).
- It does not define the effect of a special guardianship order on parental responsibility (that is in s.14C).
- It does not cover variation or discharge of an existing special guardianship order (that is in s.14D).
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This page reproduces the text of CA 1989 s. 14B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.