Guardianship for minors – applying for legal parental responsibility

Special guardianship for minors is a crucial legal step when a non-parent adult seeks the authority to care for a child, particularly in the absence or incapacity of biological parents. If you’re considering applying for special guardianship, our Family Law Solicitors can provide expert guidance throughout the legal process.

In England and Wales, special guardianship for minors refers to a legal arrangement where an adult is granted the right to make important decisions for a child, including education, healthcare, and living arrangements. This is distinct from adoption and is typically pursued when a parent dies, becomes incapacitated, or is otherwise unable to care for their child. Gaining legal parental responsibility through special guardianship ensures stability and legal clarity in a child’s life.

Who can apply for special guardianship?

Anyone over the age of 18 who has a meaningful relationship with the child can apply to become a guardian. Common applicants include:

• Grandparents.
• Adult siblings.
• Close family friends.
• Step-parents.

A prospective guardian must demonstrate their ability to care for the child emotionally, physically, and financially. Courts will always prioritise the best interests of the child.

How to apply for legal parental responsibility

To gain legal parental responsibility through special guardianship, the following steps are typically followed:

1. Notify the local authority three months in advance of making an application so they can assess the situation of the child.
2. Submit a C1 form (Application for an Order) to your local family court.
3. Include the C13A form – Supplement for child arrangements.
4. Pay the required court fee (currently £232).
5. Attend a court hearing where the judge will assess the suitability of the applicant.

If the court agrees, a Special Guardianship Order or a Child Arrangements Order granting parental responsibility will be issued.

Types of guardianship orders

There are different types of legal arrangements that can grant guardianship:

• Special Guardianship Order (SGO): Provides enhanced parental responsibility without severing the legal relationship with the birth parents.
• Child Arrangements Order: Can grant residence and some parental responsibilities to a non-parent.
• Testamentary Guardianship: A parent can appoint a guardian in their Will to take over responsibility upon their death.

Legal implications of special guardianship

Obtaining special guardianship comes with legal responsibilities including:

• Ensuring the child’s welfare and safety.
• Managing the child’s education and healthcare.
• Handling the child’s finances (if applicable).

While guardians have parental responsibility, they must still respect certain legal boundaries and cannot override birth parents’ rights unless explicitly stated by court orders.

Case scenario

Consider the case of Jane, a grandmother who stepped in when her daughter became seriously ill. Jane applied for a Special Guardianship Order to legally care for her grandson. The court assessed her home environment, finances, and emotional capacity. Once approved, Jane was granted legal parental responsibility, giving her the legal authority to make decisions in her grandson’s best interest.

Expert Insights

Our family law experts advise:

• Prepare a thorough statement outlining your relationship with the child.
• Collect supporting documents such as school letters or medical records.
• Consult a solicitor to avoid delays in the court process.

Our Family Law Solicitors have a wealth of experience and knowledge in handling all aspects of family law and its complexities. We understand that needing a family lawyer will likely be the most important legal advice you will ever seek. That’s why our expert, friendly team can offer you confidential, informative advice and assistance, in an environment you can trust. Contact us for more information.

According to Citizens Advice, special guardianship offers a legal framework that balances the needs of the child with the rights of the birth parents and guardian.

Benefits and challenges

Benefits:

• Provides stability for the child.
• Legal clarity for medical and educational decisions.
• Empowers guardians to act decisively.

Challenges:

• Legal complexity and paperwork.
• Possible emotional strain in family disputes.
• Financial costs associated with court fees and legal support.

FAQs

What is special guardianship for minors?

Special guardianship for minors is a legal arrangement where an adult is given the authority to make decisions on behalf of a child, typically when the child’s parents are unable to do so.

How do I apply for guardianship of a child in England and Wales?

To apply, you must notify the local authority three months in advance of making an application, submit a C1 form and attend a family court hearing. If successful, you may be granted a Special Guardianship Order or a Child Arrangements Order.

Does a guardian have full parental responsibility?

Yes, in most cases a guardian granted a Special Guardianship Order will have enhanced parental responsibility, though the birth parents may still retain some rights.

What documents are needed to apply for guardianship?

You’ll need a completed C1 form, a C13A supplement form, proof of relationship to the child, and supporting documentation such as letters from schools or healthcare providers.

Can guardianship be contested by birth parents?

Yes, birth parents have the right to contest guardianship applications. The court ultimately decides based on the best interests of the child.

Table: Comparison of Guardianship Options

This article was produced on the 15th August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.