Part II Orders With Respect To Children In Family Proceedings

F4Special guardianship

Annotations:
Amendments (Textual)
F4

Ss. 14A-14G and heading inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, {art. 2k}

F114B Special guardianship orders: making

1

Before making a special guardianship order, the court must consider whether, if the order were made—

a

a F6child arrangements order containing contact provision should also be made with respect to the child, F2. . .

b

any section 8 order in force with respect to the child should be varied or discharged.

F3c

where a F7provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to F8that provision should be revoked, and

F9d

where an activity direction has been made—

i

in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or

ii

in other proceedings that relate to such an order,

that direction should be discharged.

F51A

In subsection (1) “contact provision” means provision which regulates arrangements relating to—

a

with whom a child is to spend time or otherwise have contact, or

b

when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.

2

On making a special guardianship order, the court may also—

a

give leave for the child to be known by a new surname;

b

grant the leave required by section 14C(3)(b), either generally or for specified purposes.