Grandparents and Other Family Members

Grandparents and other family members can have an important role to play in the life of a child and may find themselves involved in the care process. Sometimes when the parents relationship breaks down Grandparents can find themselves excluded and denied involvement in the upbringing of their grandchild.  This can be very distressing, however, grandparents do not have an automatic right to see their grandchildren.  

If the local authority is seriously worried about the safety or welfare of a child it may start ‘care proceedings’. Or, if it also believes that the child should be adopted, it might apply for a ‘child arrangement order’ as well.

The first thing the local authority will do is ask the family court to make a temporary court order, called an ‘interim care order’. After this, the local authority social worker will carry out investigations into the child’s welfare and suggest a ‘care plan’.

The care plan outlines what they think should happen to the child, including whether they think your child should be taken into care or stay in the family.

In some cases it will be preferable for a child to stay with a grandparent or other family member rather than become a 'looked after child'.  

If you wish to take care of the child, you will need to make that fact known to social services and your suitability will be assessed.

Whether you are a grandparent, a family member, or even a close friend who is considered suitable to become a 'kinship carer', you may then become party to the proceedings and need legal representation.  

If you need advice regarding these issues, and with regard to your eligibility to receive Legal Aid, please call our specialist team on 01827 317070 or email family@pickerings-solicitors.com

What rights do I have as a Grandparent to maintain contact with my grandchildren?
Grandparents do not have an automatic right to see their grandchildren.  However, if you're unable to reach an agreement with the parents, you can seek permission to apply to the family court under the Children Act (1989).  

After submitting your initial application, the court will schedule a hearing and request the presence of everyone with parental responsibility. During this process, the court will carefully consider your existing connection to the children and their relationship to you. Their decision will then determine the best way for the children to sustain their relationship with you.

If for whatever reason you haven't frequently seen your grandchildren or perhaps never met them, the court might be hesitant to grant immediate access. Instead, a gradual plan could be introduced to ease you into their lives.

If however, you have a strong connection with your grandchildren that you can evidence, the court is more inclined to grant your request and make an order. It's important to provide a comprehensive account of your involvement in their lives up to the point of separation when making your application.

What should I do if I can't see my grandchildren?
Initially, discuss the matter with the parents to find an informal solution. If unsuccessful, consider family mediation. Should that not provide a solution, you might need to approach the family court.  A family court hearing will follow, leading to a final decision.

Do I need a solicitor for my court application?
No, although it is advisable. 

You can represent yourself in court. However, you can also seek assistance from various organisations or think about using a Mackenzie Friend.  

McKenzie Friends can help with court proceedings by providing moral support, taking notes, helping with case papers and giving layman support.  A McKenzie Friend is not entitled to address the court, nor examine any witnesses, manage cases outside the court or act as an agent.

What kind of court order can I apply for?
The type of court order depends on your individual circumstances. It's wise to consult with a solicitor to determine the best course of action. Some potential legal orders include:

  • Special Guardianship Order: The court designates you as the 'Special Guardian' of your grandchild until they are 18.
  • Child Arrangement Order: This decides the terms of your contact with the children, i.e. when and where the children will have contact with you.
  • Kinship Care: This is where a person is looking after a child of a relative or friend on a full time basis.  It may be a temporary or permanent arrangement.
  • Kinship Foster Care: This is when a friend or family member becomes an official foster carer for a child but the child is considered 'looked after' by the local authority.
  • Adoption: This makes you the legal parent of your grandchild, breaking the legal ties between your grandchild and their biological parents. 

If you need advice regarding these issues, and with regard to your eligibility to receive Legal Aid, please call our specialist team on 01827 317070 or email family@pickerings-solicitors.com