Can a grandparent apply for parental responsibility?

Can a grandparent apply for parental responsibility?

Grandparents do not automatically have parental responsibility for a child. However, they may be able to apply for parental responsibility through a Child Arrangement Order (previously referred to as a Residence Order) or a Special Guardianship Order.

In instances where grandparents step in to care for their grandchildren due to family breakdown, they may find themselves assuming a parental role. These legal arrangements grant grandparents the authority to make decisions regarding the child's upbringing and welfare, ensuring a stable and nurturing environment.

What is a Child Arrangement Order?

A Child Arrangement Order is a crucial legal mechanism that establishes who a child should live with and the amount of time they should spend with various family members, including parents or other significant individuals. This order is legally binding and must be followed at all times, ensuring stability and clarity in the child's living arrangements.

For grandparents, a Child Arrangements Order may come into play in specific situations where they believe it's in the child's best interests to live with them rather than with the parent. This could arise due to concerns about the parent's ability to provide a stable environment or concerns for the child's welfare. In such cases, grandparents may seek an order to formalise the arrangement and establish legal rights regarding the child's residence and contact.

While an order provides a fixed position regarding the child's living arrangements, it's also flexible enough to accommodate alternative arrangements agreed upon by all parties involved. This flexibility allows for effective co-parenting models while ensuring that the order serves as a fallback position, providing a solid foundation for the child's wellbeing.

What is a Special Guardianship Order?

Special Guardianship Orders offer a legal pathway for children who cannot live with their birth parents until they reach the age of 18. This arrangement provides children with stability and certainty regarding their living situation. Unlike adoption or Child Arrangements Orders, Special Guardianship Orders are designed to preserve the child's legal ties with their birth parents while granting parental responsibility to selected family members, long-term foster carers, or other significant individuals in the child's life.

For grandparents seeking to obtain parental responsibility for their grandchildren, a Special Guardianship Orders allows them to provide a permanent home for the child. This is especially beneficial in situations where adoption or other legal arrangements are deemed unsuitable.

Research has shown that children who are placed with extended family members, such as grandparents, often experience better mental health and behavioural outcomes. This is because Special Guardianship Orders enable children to maintain positive family and community ties, reinforcing their sense of identity and belonging.

Grandparents must apply to the court to get a Special Guardianship Order. 

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent family law advice. If you would like further help on child arrangements, please don’t hesitate to speak to one of our expert family lawyers today. Complete our enquiry form.