Vary or discharge special guardianship: CA 1989 s. 14D
CA 1989 s. 14D sets who can apply to vary or discharge a special guardianship order and when parents, children, or others need leave of the court first.
14D The court may vary or discharge a special guardianship order on the application of— the special guardian (or any of them, if there are more than one); any parent or guardian of the child concerned; any individual who is named in a child arrangements order as a person with whom the child is to live; any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child; the child himself; or a local authority designated in a care order with respect to the child. In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1). The following must obtain the leave of the court before making an application under subsection (1)— the child; any parent or guardian of his; any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A; any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him. Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1). The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.
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
This provision governs who can ask the court to change or end a special guardianship order. A special guardian, a parent or guardian, someone named in a child arrangements order as a person the child lives with, an individual with parental responsibility, the child, or a local authority designated in a care order can apply. The court can also vary or discharge the order during family proceedings regarding the child's welfare without an application under subsection (1).
Certain applicants must get leave of the court before applying. This includes the child, parents, guardians, step-parents who acquired parental responsibility under section 4A, and individuals who previously held parental responsibility. If the child applies for leave, the court can only grant it if satisfied that the child has sufficient understanding.
For parents, guardians, step-parents, or former parental responsibility holders mentioned in subsection (3), the court cannot grant leave unless satisfied that there has been a significant change in circumstances since the special guardianship order was made.
When it applies
- A birth parent seeks court permission to discharge a special guardianship order after showing a significant change in circumstances.
- A special guardian applies directly to the court to vary the terms of an existing special guardianship order.
- A child requests leave of the court to make an application to discharge or vary their special guardianship order.
- A local authority named in a care order applies to discharge an existing special guardianship order.
What this section does not say
- Initial applications to make a special guardianship order in the first instance (governed by ca1989s.14a and ca1989s.14b).
- The scope of legal authority and rights held by a special guardian (governed by ca1989s.14c).
- Provision and assessment of special guardianship support services (governed by ca1989s.14f).
Related sections
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This page reproduces the text of CA 1989 s. 14D 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.