Sibling Guardianship
The client is seeking to gain special guardianship over their younger brother, who has been relocated to a different region in the United Kingdom. Currently, the brother is residing with his paternal grandmother, whom he has only met a few times. The client wants to understand their rights to have their brother living in their care instead. The matter involves aspects of Family Law and interactions with Social Services. Guidance is needed on the guardianship process and any challenges that may arise.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to apply for a Special Guardianship Order for my brother?
To apply for a Special Guardianship Order (SGO) for your brother, you must notify the local authority where he currently lives at least three months before making your application to the court. Obtain an SGO application form from your local Family Court and complete it with detailed information regarding your ability to care for your brother and the reasons why a special guardianship would be in his best interest. The local authority will conduct a comprehensive assessment, considering factors such as stability, emotional attachment, and your ability to meet his needs. You will need to provide supporting documents, such as proof of residence, financial stability, and relevant character references. Refer to the UK Government's guidelines on special guardianship for more detailed guidance on the process.
What are my legal rights in requesting my brother's return to live with me, considering his current living situation?
Your rights to request your brother's return involve demonstrating that living with you is in his best interests. The court prioritises the child's welfare, including emotional needs and stability. Your established relationship with your brother and any potential disruption from his current placement will be taken into account. It’s essential to show that you can provide a stable, nurturing environment. Seeking legal advice or support from organisations that assist with family law can help you build your case.
What factors will the court consider when deciding whether to grant Special Guardianship to me?
The court will consider several factors when deciding on a Special Guardianship Order for your brother. These include your ability to meet his needs, the strength of your relationship with him, his wishes and feelings depending on his age and understanding, and the reasons for his current living arrangements. The court will also assess the suitability of your home environment, your financial stability, and your capacity to provide emotional and educational support. Additionally, they will weigh the potential impact of moving him from his current living situation.
Can the current guardian oppose my application for Special Guardianship, and what impact might that have?
Yes, the current guardian can oppose your application for a Special Guardianship Order (SGO). Their opposition may influence the outcome, as the court will consider their views alongside other factors. The court will assess the child’s welfare, stability, and existing family connections. It’s crucial to demonstrate why the SGO is in your brother’s best interests and how you can provide for his needs better than the current guardian.
