Procedure—application to appoint or remove a guardian

Published by a UUÂãÁÄÖ±²¥ Family expert
Practice notes

Procedure—application to appoint or remove a guardian

Published by a UUÂãÁÄÖ±²¥ Family expert

Practice notes
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This Practice Note explains the procedure for the appointment or removal of a guardian for a child. It sets out who the respondents to the application will be, together with any other people who must be given notice of the proceedings. It explains the form of application required and the rules concerning service.

An application may be made to the Family Court by any individual to be appointed as a child's guardian.

Permission is not required in order to apply.

The court may make an order appointing an individual as a child's guardian in any family proceedings even if an application has not been made for guardianship but the court considers it appropriate to make an order. This could result in someone other than the applicant being appointed as the child's guardian. A child arrangements order (CAO) naming the applicant as the person with whom the child is to live will often be appropriate instead of appointing a guardian as it confers parental responsibility.

The court can appoint a guardian:

  1. •

    if the child has no parent

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Jurisdiction(s):
United Kingdom
Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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