The Role of the Wider Family

Grandparents and other family members can play a particularly important role in the life of a child. Sometimes they might even be the primary carers.   

Grandparents’ rights

Whilst grandparents and other family members do not have any direct legal rights, they can apply for leave (permission) to make an application for a Child Arrangements Order. This might be for the child to live with them, or visit to spend some time with them (i.e. contact).   

Subject to permission being granted, grandparents can also apply for a Prohibited Steps Order or Specific Issue Order. 

Special Guardianship Orders

When a court makes a Special Guardianship Order, the Special Guardian(s) will acquire parental responsibility and can exercise that parental responsibility to the exclusion of anyone else with parental responsibility.  Accordingly, it can give a Special Guardian more rights, powers and authority than the parent of a child.   

Who can apply?

Typically, extended members of the child’s family might make an application for a Special Guardianship Order (e.g. uncles, aunts, grandparents).  A parent cannot make such an application.

What is the difference between adoption and being a Special Guardian?

Special Guardianship can be an alternative to adoption, and may be more appropriate for children in certain circumstances (e.g. for older children who do not want a complete legal split from their birth family). A Special Guardian has parental responsibility for a child but, unlike in an adoption, the birth parents retain their parental responsibility. In relation to most issues, a Special Guardian can use his or her parental responsibility ahead of anyone else with parental responsibility. 

Unlike adoptive parents, Special Guardians can only change a child’s name with the court’s permission. Special Guardianship can be a useful option for foster carers, friends or family, who otherwise do not have parental responsibility. 

Financial support

To assist with providing care, a Special Guardian may be able to pursue means tested support or practical support from the Local Authority.

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.