How to file for the guardianship of a child
Posted October 06, 2019 16:08:23 When you think of a guardian, it’s likely that they’ll come in the form of a lawyer or a judge.
However, there are a number of ways to seek a change of guardianship in the UK, and there are many ways to obtain it.
What is a guardian?
A guardian is a person who will have direct and/or indirect control over a child.
This person can take on the guardianships of the child’s parents, stepfather or other family members, or other legal guardians.
A child has an ‘invisible’ parentWho can take care of a disabled child?
It is not uncommon for parents or guardians to ask the court for guardianships for children with physical disabilities, mental health conditions or developmental disabilities.
The court can appoint an adult or guardian, but the person who has the custody or guardianship is the ‘invisible parent’.
What is the difference between ‘in-person’ and ‘telephone’?
A guardian can be appointed by telephone, the court will not consider a person’s disability, mental illness or developmental disability if it is a matter of ‘in person’ contact.
How does a court decide who to appoint a guardian for?
In-person:The person with the physical or mental disability has to be seen by a guardian.
The person who needs a disability-related assistance will be referred to the court.
Telephone:The court may appoint a child’s guardian, for example to provide care and protection for a minor.
How much time do I have to wait before I can file for a guardianship?
It depends on your circumstances.
A guardian may be appointed for up to one year.
A person who is over the age of 18 can request a guardians’ order for up a year.
The guardian must provide evidence that they are a responsible adult, have been in full-time education, have an education, and have a job and that they can provide reasonable supervision.
Who can be a guardian in the family of a deceased child?
A child’s death does not have to be declared, but if a child is found to have been killed by suicide, abuse or neglect, or if a person has died while the parent or guardian is absent, the family may request that a guardian be appointed.
What are the responsibilities of a court-appointed guardian?
The responsibilities of the guardian of a person with a disability are set out in the child welfare act 1988, which states that a court must appoint a person to manage the guardian’s financial affairs, to protect the child from harm and to keep the child in care.
A court must also give the person a ‘notice of claim’.
If a child has been referred to a court, they can make a claim for compensation if they think they have been discriminated against or are unable to make a legal claim.
In the case of an application to appoint an external guardian, the child must have been living with the guardian for at least three months and the court must consider the request.
What do I need to know about a guardian’s duties?
The court must make sure that the guardian has the legal authority to manage a child and that the person appointed is in good standing with the child.
A person must not interfere with the relationship between the child and the guardian.
It is the guardian who has to tell the child that the parent will be out of the house, and must keep the parent in the home at all times.
What happens if the guardian is not present at a child-related function?
The person appointed will not have a part-time role, but will work a ‘volunteer’ role.
They may also be employed to look after the child at home.
If a child fails to attend a meeting of the family, the parent is responsible for any childcare, meals and clothing that is provided.
If a parent is not available to look out for a child at all, the guardian may need to intervene.
If there are problems, the person with specialised knowledge can advise the court and the child will be put into contact with the court in the same way as if they were the child themselves.
Who is responsible if there are complaints about a person appointed to manage an orphanage or other children’s home?
If there is a complaint about the person, the children’s or carers may apply to the Child Rights Tribunal, or to the local authority in the district where the child lives.
The tribunal must make a report to the Children and Young People’s Advisory Group.
What if a court refuses to appoint the person?
The guardian is required to tell any person who may have a legal interest in the matter whether they can lodge a complaint.
If the person cannot lodge a claim, they must then give the court a written notice that they will do so if the person does not lodge a valid claim within three weeks of the notice.
The child and their