Child arrangements order

[Dustysparkles]

Not sure if this is the right place to post, just looking for some advice. Won’t go into backstory but in a situation where I need my niece who is 14 to come and live with me and to have guardianship of her because her mum isn’t in a state to parent, niece has also said she wants to come and live with me and adamant she doesn’t want to live with her mum. What are the steps? I live in a different city to my sister so need to get the ball rolling so I am able to enrol niece in new school near me, presumably I can’t do this until I have some sort of legal guardianship in place? Do I apply via social services in area where niece currently resides or where I live? Any advice or anyone been through anything similar would be appreciated

You need an SGO ….apply thru the family courts.,,,but expect childrens services to get involved…..likely your niece will be made a Child in need ….whilst it’s all getting sorted….that’s assuming her mum is in agreement…,otherwise it’s a whole different ball game

If her mum is in agreement surely it’s easier than having to go through courts? I feel like I have read something about a child arrangements order?

its an SGO ( special guardianship order) ….it will go thru the family courts….carcass will likely be involved….very likely a social worker involved to assess your suitability …..it’s not about what’s easy…..it’s about protecting and safeguarding the child🙄

Cafcass

Probably best to get legal advice around this as possibly you could get child arrangements order but this would not make you her guardian and would just be for her parents to say they agree to her living with you. A special guardianship order would be needed to give you parental responsibility for her. It also comes with some financial and other support attached but you would need to be assessed as a suitable carer first.

If I apply for a special guardianship order how would it work in terms of getting her into a local school whilst the application is being assessed as could take months? Or would she have to remain in her current school where she lives with her mum until the order is granted and I can apply somewhere local for her? Going to ring my local council tomorrow but just wondering if anyone knows

her mum would retain parental responsibility…in my wear it’s taking around 18 months to 2 years to get an SGO due to covid backlogs….the children I work with are living with the new family member but with a SW involved….the children are all subject to CHild in need plans until the SGO comes thru eventually

Someone with pr needs to apply. Can you ask her mum to do so but obviously putting down your name and address as the contact and primary address. There should be a section to add additional information.

Area

All you need is a simple child arrangements order for the child to live with you - and if the mother and father actually agree that she can live with you, you don't even need that, and they can give consent to change her school.

If you do have to apply for a child arrangements order, unless the child has already been living with you, you'll need the court's permission to make the application first. You do this on form C2. Then apply for the child arrangements on C100.

If you get a child arrangements 'lives with' order, then that confers parental responsibility, and you, along with her mother and father (if he was married to the mother at the time the child was born or is named on her birth certificate) will all jointly be able to make decisions about the child, including which school to attend.

No one can tell you whether an SGO is the correct route without full and detailed background info...none of which you have provided, so ignore the assertions that an SGO is the correct route.

You can find a solicitor to assist you here: solicitors.lawsociety.org.uk

Thanks so much, that’s really useful x

Sorry op it isn’t clear. Is her mum in agreement with her living with you? I assume living with her father isn’t a possibility.

I obtained PR for my grandsons via a Residence Order, now Child Arrangement Order. SGOs are a stronger order and I did go through the process with children's services and I was recommended for this. It is the halfway house between CAO and adoption. You need to obtain PR for schools, doctors, etc.

If the mother does not agree, you could be in for a bumpy ride as she can of course oppose this. Sounds like you need proper legal advice asap.

Hello again, your last answer was really so helpful so I wonder if you’d be able to help me with something else or point me in the right direction. I understand from looking at the forms that I need to attach a sort of declaration to the application form which is signed by both my sister and myself agreeing that my niece is to live with me. I know ideally I would be getting a lawyer to draft this but very short of money this month so I am going to try and write myself, I just wonder if there are any key things which absolutely must be covered? Or a template anywhere I could look at? Any advice would be really really appreciated x

What form are you filling in? C100?

Yes C100. On the checklist it mentions a draft consent order and that’s what I’d like to know how to write/what needs including (see pic)

The child law advice website is very good and has information about consent orders and a link to CAFCaSS parenting plan.

childlawadvice.org.uk/information-pages/consent-orders/

Does the girls father have PR? I am wondering if the court might contact him or want his permission.

Thank you! I’ll take a look.

No they have no contact and he isn’t named on the birth certificate.