A Special Guardianship Order Can Be The Very Best Option For A Child When Their Parents Cannot Care For Them.

• Published date: 07 July 2020
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Giambrone & Partners
• Author: Mr Alessandro Gravante

The disorder and turmoil that the coronavirus pandemic has created across the globe has visited nearly every aspect of normal life and has an exceptional impact on family life. In a not inconsiderable number of cases families have been tragically fractured by loss or the effects of exceptional stress leaving them unable to care for the children of the family. State Authorities in all countries have a duty of care towards minors whose families cannot undertake their care, regardless of the reasons. In such a circumstance the Authorities have an obligation to investigate all avenues to seek out the best solution available for the child's safe custody and wellbeing.

A Special Guardianship order is a resourceful solution which goes some way between adoption, a permanent solution that cannot be overturned and the State care system; crucially it keeps the link to the child's family allowing the potential for reconciliation with the child's birth family at a later date if situation changes and improves.

A Special Guardianship Order involves appointing one or more individuals as a child's Special Guardian until the child reaches the age of majority or the Order is revoked by the court, the individual (s) are often chosen from amongst the child's wider family. Such an order provides a legally sound placement and confers parental responsibility to the Special Guardian which can be implemented to the exclusion of any other person, with the exception of another Special Guardian. The ideal situation is to select a Special Guardian that is related to the child and where possible a person that the child is very familiar with.

If the parents are nationals of different countries, that can make the situation more complicated and the agent of the State Authority will have to seek out expert advice before making a final decision. Alessandro Gravante, senior partner, who heads the Italian offices, has frequently been approached by the Education and Children Services across the UK to provide a legal opinion on matters related to the children of Italian citizens who have come under their care. Alessandro commented 'there can be many reasons a parent is unable to care for their child or children, long term ill health, drug abuse or even death,' he further commented, 'as the world becomes more cosmopolitan than ever before, the free movement throughout the EU has resulted in a significant number of families living away from their country of origin making the placement of children...