Category: News

Do you care for / want access to your grandchildren? – The types of orders that may be available to you.

Grandparents are often closely involved in the lives of their grandchildren, playing a huge part 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. You may find yourself in a situation where you become the child’s full-time carer.

Grandparents do not have an automatic right of care nor access to their grandchildren. They do, however, have legal options available to them in accordance with the Children Act 1989 (CA 1989). It is possible to gain full time care or access through the courts with the appropriate advice from a Solicitor.

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.

As a leading law firm which specialises in Public and Private Children Matters, AFG Law, with offices in Bolton, Bury and our newly opened Stockport office 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.

Grandparents are the most common carers other than a parent. However, they do not automatically have parental responsibility for the child that you 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.
• If 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.

The first step

Grandparents are encouraged to explore mediation as a way of resolving disputes before court proceedings are commenced. Mediation takes place in a neutral setting. It 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, however, mediation is unsuccessful, grandparents can proceed with their application for the court to make the following orders.

Types of orders

There are two main types of orders one might apply to the court to obtain parental responsibility. These are a Special Guardianship Order (SGO) and Section 8 Orders under the Children’s Act 1989.

Special Guardianship Order

A special guardianship order is a family law order made by the courts and was introduced by the Adoption and Children Act 2002.

Under the order, the person or people named on the special guardianship order will become the child’s special guardian. Obtaining a special guardianship, means you will obtain parental responsibility for the child until they are 18 years old. The child will live with their special guardian permanently and the order permits the special guardian to make important decisions about the child’s life. Any pre-existing Care Order on a child is automatically ended when a Special Guardianship Order is made.

However, a special guardianship order does mean that the child’s parents will still need to be informed for some very important decisions. An example would be if they wish to remove the child from the country for over three months or change their surname.

Section 8 Orders

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 of our solicitors, it allows grandparents to maintain significant meaningful relationships with their grandchildren.

Find out more

You can find more information about special guardianship orders on our website: Special Guardianship Orders – Family – Services – AFG LAW

If you find that you are experiencing this, please do not hesitate to contact AFG Law. Here at AFG, we can assist by offering you a free consultation. Here, 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 to determine which school your child should go to.

We are here to help you and your family. Get in touch with one of our team for an initial chat.

Get in touch

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, with offices in Bolton, Bury and Stockport. 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. We utilise our wealth of expertise and knowledge to advocate for our clients and simplify the process, cut the jargon and achieve the best possible outcomes.