In certain scenarios, such as where one parent has died or there are concerns over the care being provided to children by their parents, provided permission is granted, a grandparent is able to apply to the Court for an order for their grandchildren to live with them, either on a temporary or permanent basis.
However, this is by no means a straightforward and easy process and there are various legal procedures that have to be followed and considered by grandparents before making an application.
Parental responsibility is defined as being:
“all the rights, duties, powers, responsibilities and the authority which, by law, a parent of a child has in relation to the child and his property”.
These include issues relating to their education, medical treatment, changes to their name, where the child should live, and matters relating to the child’s religion.
Unfortunately for grandparents, they do not have automatic parental responsibility rights in respect of their grandchildren. The children’s parents would normally be the only ones who have parental responsibility, which means that grandparents aren’t able to make any decisions about the day-to-day care and welfare of the children unless the Court makes an alternative order.
Therefore, grandparents wanting their grandchildren to live with them will be required to make an application to the Court to obtain parental responsibility by one means or another.
The typical circumstances within which a grandparent might want to obtain parental responsibility are:
There are numerous ways in which a grandparent can be granted parental responsibility. The most relevant options available, assuming one or both of the children’s parents are still alive, are to apply for a Child Arrangements or Special Guardianship Order which, once granted, provides a grandparent with parental responsibility for the children.
If a child is likely to be residing with a grandparent on a temporary basis, then a Child Arrangements Order would be the most appropriate option as a short-term measure to formalise the arrangement. This provides the grandparent with parental responsibility for their grandchildren whilst the order continues and the children are in their care.
On the other hand, in the circumstances where a child is likely to be living with their grandparent on a more permanent basis, then a Special Guardianship Order may be the best option to formally set out the arrangements.
Before making an application for either of these orders, it is important to obtain specialist legal advice.
When deciding whether to grant a grandparent parental responsibility of their grandchildren and for the children to reside with them, the Courts will use the welfare checklist (set out in the Children Act 1989) to make their decision. The Courts will consider:
The Court’s principal consideration will be for the grandchildren’s welfare and it won’t make an order unless it’s absolutely necessary and appropriate.
At Nelsons, we regularly represent grandparents who are seeking regular contact with their grandchildren. In one particular case, we were able to secure an order for grandchildren to live with their grandmother after the children’s mother had tragically died suddenly. Our client had cared for her grandchildren following their mother’s death, offering them a home and providing for all of their physical, emotional and educational needs.
The case was not straightforward. Our client was challenged by her grandchildren’s father and other (younger) family members who put forward competing cases that the children should live with them.
It was a challenging, rewarding case. Our client was strong and knew the children would be better off with her. Fortunately, the Court agreed and the children now live with her.
If you need any help regarding contact with your grandchildren or any other family law related matter, please contact Melanie or another member of the team who will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.
The team in Derby, Leicester, and Nottingham can be contacted on 0800 024 1976 or via our online form.
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance. ×
