Section 14B Special guardianship orders: makingF1

England and Wales

(1)

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

(a)

a F2child arrangements order containing contact provision should also be made with respect to the child, F3. . .

(b)

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

(F4c)

where a F5provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to F6that provision should be revoked, and

(F7d)

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.

(F81A)

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.

Annotations

Textual amendments

F1: Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
F2: Words in s. 14B(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F3: Word in s. 14B(1)(a) repealed (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(a), Sch. 3; S.I. 2008/2870, art. 2(2)(e)(f)
F4: S. 14B(1)(c)(d) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(b); S.I. 2008/2870, art. 2(2)(e)
F5: Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F6: Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F7: S. 14B(1)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F8: S. 14B(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Notes on Special guardianship

Textual amendments

F1: 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}