Grandparents are often closely involved in the lives of their grandchildren and can play a huge and important role in their development and growth. Subsequently, they are often the first point of call when the parents are struggling to care for the children themselves and may find themselves in a situation where they become the child’s full-time carer.
This can be a sensitive process and although grandparents do not have an automatic right of care nor access to their grandchildren, they do have legal options available to them in accordance with the Children Act 1989 (CA 1989) and it is possible to gain full time care and or access through the courts with the appropriate advice from a Family Law Solicitor.
AFG LAW are a leading law firm which specialises in Public and Private Children Matters, with offices in Bolton, Bury and Stockport, who have helped many families with the practical steps that can be put in place to support carers other than parents when dealing with this specific issue.
Jamie Chadwick, Graduate Paralegal in the Family team at AFG LAW, explains the types of orders that may be available to Grandparents within court proceedings.
Grandparents are the most common carers other than a parent. However, they do not automatically have parental responsibility for the child that they are caring for. Parental responsibility is the legal rights, responsibilities and authority in relation to the child which can include protecting and looking after the child, providing a home for the child and making important decisions about the child’s life.
First, it is important to establish who has parental responsibility:
• Mothers of the child(ren) have automatic parental responsibility.
• A father will have parental responsibility if:
- He is married to the mother.
- He is named on the birth certificate.
- He has an order from the court granting parental responsibility.
- Or if he has a written agreement with the mother granting parental responsibility.
- Civil partners will both have parental responsibility if they were married at the time of their treatment. E.g. fertility treatment.
- For same sex partners who are not civil partners you can obtain parental responsibility by either entering into a parental responsibility agreement or by applying to the court for a parental responsibility order.
Grandparents who are looking to obtain parental responsibility for their grandchildren often come up against resistance, usually from the parents themselves.
So, what options are available to them?
Grandparents are encouraged to explore mediation as a way of resolving disputes before court proceedings are commenced. Mediation takes place in a neutral setting and allows you to have open communication as a family with someone neutral known as the mediator to try and help you to reach an agreement.
If mediation is unsuccessful, grandparents can proceed with their application for the court to obtain parental responsibility – Special Guardianship Order (SGO) and Section 8 Orders under the Children’s Act 1989.
A special guardianship order is a family law order made by the courts, the person or people named on the special guardianship order will become the child’s special guardian. Obtaining a special guardianship, means they will obtain parental responsibility for the child until they are 18 years old. The child will live with their special guardian permanently and permits the special guardian to make important decisions about the child’s life. However, an SGO means the child’s parents will still need to be informed for some very important decisions such as if they wish to remove the child from the country for more than three months or change their surname.
Section 8 orders relate to regulating arrangements in respect of with whom a child may live with and or spend time with. There are three different types of section 8 orders under the Children’s Act 1989 that may be available depending on your situation, these are:
- Child arrangements orders (CAO) – which enables the courts to make decisions on when and with whom a child will live, spend time or otherwise have contact with.
- Prohibited steps orders (PSO) – where the court is able to restrict certain actions from being taken by a person with parental responsibility in respect of a child by failing to gain permission from the courts first.
- Specific issue order (SIO) – which allows the court to issue an order in relation to a specific matter / decision in respect of a child.
The courts will always take into account the best interests of the child. However, there is no presumption that a child having contact with their grandparent is in the child’s best interest therefore, the reason for the application before the courts must be clearly explained and justified.
The courts will consider the nature of the application being made, the grandparent’s connection with the child and any risk that the application will disrupt the child’s life to such an extent as to cause the child harm. Children under a special guardianship order can maintain contact with their birth family. Under a SGO the natural parents are still legally the child’s parents, but their parental responsibility is limited.
To conclude the special guardianship orders and the section 8 orders understands the importance of grandparents within a child’s life, the main focus is to ensure the child’s welfare and best interests are safeguarded. With the correct legal guidance, it allows grandparents to maintain significant meaningful relationships with their grandchildren.
You can find more information about special guardianship orders on our website: Special Guardianship Orders – Family – Services – AFG LAW
At AFG, we can assist by offering a free consultation, in which a solicitor from our family department will contact you to discuss your situation and options as to whether there is merit in making an application to the court for a special guardianship order.
We are here to help you and your family so get in touch with one of our team for an initial chat.
CONTACT INFORMATION
Please contact is on familysolicitor@afglaw.co.uk or 01204 377600 for further information or assistance.
AFG Law is a long established, multi-disciplinary law firm providing a range of services across the North West and beyond. It is built on traditional foundations combined with modern values and a fresh, forward-thinking approach.
It’s our mission to offer outstanding legal services, utilising our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.