Grandparents Rights and Special Guardianship Orders

Grandparents do not have any automatic legal rights. However, if you cannot agree arrangements you can apply to the Court for an Order allowing your grandchild to live with you or spend time with you if the Court gives you permission.

If your Grandchild has been taken into Care the Local Authority might ask you to care for the child instead of the parents. We can advise you about the options. Your blood tie and relationship with the child is important.  Legal Aid might be available.

There are a number of different legal orders including:

• Special Guardianship Order - the court will appoint you as a the 'Special Guardian' of your grandchild until they turn 18.
• Child Arrangement Order - the court will decide where the child should live and who the child should spend time with.
• Kinship foster care - when you become an official foster carer for a child.
• Adoption - this will break the link between your grandchild and their birth parents. You will legally become your grandchild's parent. These are orders only made in exceptional circumstances as the other orders preserve the correct biological relationship

All of these orders can also be made in favour of other members of the family such as Cousins, Aunts, and Uncles or even close family friends who already have an existing relationship with your child.

We have included a Glossary of Terms on our website for you to read so we can explain in more detail what some of the more complicated legal terms mean.