Effect of special guardianship orders CA 1989 s. 14C
Under CA 1989 s. 14C, a special guardian gains primary parental responsibility and may take the child abroad for under three months without written consent.
14C The effect of a special guardianship order is that while the order remains in force— a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). Subsection (1) does not affect— the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or any rights which a parent of the child has in relation to the child’s adoption or placement for adoption. While a special guardianship order is in force with respect to a child, no person may— cause the child to be known by a new surname; or remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his. If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to— each parent of the child with parental responsibility; and each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian. This section is subject to section 29(7) of the Adoption and Children Act 2002.
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
A special guardianship order gives the appointed special guardian parental responsibility for the child. While the order is in force, the special guardian is entitled to exercise parental responsibility to the exclusion of any other person holding parental responsibility, apart from another co-special guardian.
This exclusive authority does not override statutory requirements or legal rules that require the consent of more than one person holding parental responsibility in a specific matter. Furthermore, it does not affect any rights a parent has concerning the child's adoption or placement for adoption.
No person may change the child's surname or remove the child from the United Kingdom without written consent from everyone holding parental responsibility or leave of the court. However, a special guardian may remove the child from the United Kingdom for a period of less than three months without such consent or leave. If the child dies, the special guardian must take reasonable steps to inform each parent and guardian with parental responsibility.
When it applies
- A special guardian decides on the child's day-to-day welfare and schooling to the exclusion of a birth parent who also holds parental responsibility.
- A special guardian takes the child on a holiday outside the United Kingdom for a period of less than three months without seeking written consent from the child's parents.
- A birth parent attempts to change the child's surname without the written consent of the special guardian or leave of the court.
- A special guardian takes steps to notify the parents with parental responsibility following the death of the child.
What this section does not say
- How an application to become a special guardian is made, which is governed by ca1989s.14a and ca1989s.14b.
- How a special guardianship order is varied or discharged, which is governed by ca1989s.14d.
- How local authorities assess and provide financial or support services to special guardians, which is governed by ca1989s.14f.
Related sections
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This page reproduces the text of CA 1989 s. 14C 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.