Part of: Grandparents Rights
This page is designed for grandparents in England and Wales who want to understand their legal rights and options when it comes to caring for their grandchildren and automatic parental responsibility. If you are a grandparent seeking to play a greater role in your grandchild’s life—especially if you are considering taking on day-to-day care because the child’s parents are unable to care for them, including cases involving neglect, abuse, or substance misuse—it’s crucial to understand what parental responsibility means, whether you have it automatically, and the legal processes available to obtain it. This guide explains the key concepts, outlines the main legal routes for grandparents to gain parental responsibility, and provides step-by-step advice on navigating the family court system. Understanding these options can help you make informed decisions, protect the child’s best interests, and support stability in the child’s life.
What Parental Responsibility Means Under Family Law
Parental responsibility means having the legal rights and duties to make important decisions about a child’s care and the child’s upbringing. This covers routine day-to-day decisions, while major decisions include matters such as education, medical treatment, and where the child lives. Under the Children Act 1989, parental responsibility is a core legal concept in family law.
Key Legal Rights Conferred by Parental Responsibility
- Making decisions about the child’s education and schooling
- Consenting to medical treatment
- Deciding where the child lives
- Providing for the child’s welfare and day-to-day needs
For a more detailed explanation, see our guide to parental responsibility.
Now that we’ve defined parental responsibility, let’s look at whether grandparents have these rights automatically.
Quick Answer: Automatic Legal Right?
Grandparents do not have automatic parental responsibility in England and Wales, but they can obtain it through specific legal processes. Automatic parental responsibility is usually held by the child’s birth mother and, in many cases, the father, depending on marital status and whether he is named on the child’s birth certificate.
For more information, see the gov.uk parental responsibility guidance. Next, we’ll explore whether grandparents have an automatic legal right to see their grandchildren.
Do Grandparents Have An Automatic Legal Right To See Grandchildren?
Grandparents do not have an automatic legal right to see their grandchildren. If contact breaks down, grandparents must usually first ask the court for permission (known as ‘leave’) before applying for a Child Arrangements Order to spend time with a grandchild. If leave is granted, the court can order that a child spends time with their grandparents where this is in the child’s best interests.
Statutory Exceptions to the Leave Requirement
There are some statutory exceptions where leave is not required, such as when the grandparent already has a Child Arrangements Order stating that the child lives with them, is the child’s guardian, or, in some circumstances, where the child has already lived with them for a set period. The full rules are in section 10 of the Children Act 1989. For further details, see the gov.uk guidance on child arrangements and leave rules.
If you wish to play a more significant role in your grandchild’s life, you may need to seek parental responsibility through the courts. The next section explains what legal options are available.
How Grandparents Can Gain Parental Responsibility: Legal Options
To obtain parental responsibility, grandparents, as extended family members, must apply for legal orders through the family courts. The main legal routes are:
- Child Arrangements Order: A Child Arrangements Order can grant grandparents parental responsibility if the order specifies that the child lives with them for as long as that part of the order is in force.
- Special Guardianship Order: Special Guardianship Orders provide enhanced parental responsibility to grandparents, giving them greater authority than a standard Child Arrangements Order.
- Adoption: Adoption permanently transfers parental responsibility to grandparents and severs the legal relationship with the birth parents.
These orders are often sought by family members when parents cannot care for a child, after bereavement, or when both parents have died. Below, we define each option and explain how they work.
Child Arrangements Order
A Child Arrangements Order is a court order that sets out who the child will live with, whether there is direct or indirect contact, and who they will spend time with. If the order states that the child lives with the grandparents, it grants them parental responsibility. while that arrangement remains in force. Where an order only says the child spends time with a grandparent, the court can still decide to give that grandparent parental responsibility for the duration of the order.
- Grandparents must usually apply for the court’s permission (leave) before making the main court application.
- For more information and to access the C100 form, see the gov.uk C100 guidance
Special Guardianship Order
A Special Guardianship Order (SGO) gives grandparents parental responsibility which they can usually exercise to the exclusion of anyone else with parental responsibility, apart from another special guardian. This is not automatic parental responsibility. The order normally lasts until the child turns 18. A special guardian can usually make most day-to-day decisions, and many important ones, without needing the consent of the child’s parents. This order provides more authority than a Child Arrangements Order but does not sever the legal relationship with the birth parents. Unlike adoption, it does not end the parental responsibility of the child’s mother, father, or other birth parents, although taking a child out of the UK for more than three months still requires written consent of everyone with parental responsibility or the court’s permission.
Special Guardianship Orders provide enhanced parental responsibility to grandparents. For more details, see the gov.uk special guardianship guidance.
Adoption
Adoption is a legal process that permanently transfers parental responsibility to the adoptive grandparents and severs the legal ties with the birth parents.
- Adoption permanently transfers parental responsibility to grandparents.
- Adoption should be considered a last-resort option due to its permanent nature.
Parental Responsibility Through A Court Order
Grandparents cannot apply for the free-standing parental responsibility orders that are available to parents and step-parents. In practice, a grandparent gains parental responsibility through one of the orders above, or where the court decides to grant it alongside a Child Arrangements Order naming them. Any parental responsibility for a grandparent must come through a court order.
In England and Wales, possible reforms to strengthen grandparents’ rights are discussed from time to time, but no such changes have become law. Each of these legal options has different levels of permanence and decision-making power. It’s important to choose the route that best fits your family’s circumstances. Next, we’ll explain the court process for grandparents seeking child arrangements.
Court Process For Grandparents Seeking Child Arrangements
Before applying to the family court, grandparents must usually attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies — for example, in cases involving domestic abuse.
Steps in the Court Process
- Attend a MIAM: This is required before most family court applications.
- C2 Ask for Permission (Leave) In Your Application: When starting a new case, you ask for the court’s permission within the C100 application itself. Form C2 is used instead where court proceedings about the child already exist.
- Submit the Main C100 Application: File the C100 form to apply for a Child Arrangements Order, indicating on the form that you are also asking for permission.
- Cafcass Involvement: The Children and Family Court Advisory and Support Service (Cafcass) may be involved to assess the child’s welfare and make recommendations to the court.
Understanding what the court will consider can help you prepare your application.
What The Court Will Consider: Welfare And Factors
When deciding whether to grant parental responsibility or contact, the court’s primary consideration is the child’s welfare, and any decision must serve the child’s best interests. The Children Act 1989 sets out a welfare checklist, which includes:
- The child’s wishes and feelings (considered in light of their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- The capability of each applicant to meet the child’s needs
The court also considers how the proposed arrangement will affect the child’s daily life and wider family relationships.
Preparing Evidence
- Document the child’s wishes and relationship history
- Gather evidence of your care history and frequency of contact
Next, we’ll discuss the role of kinship carers and how local authorities assess grandparents.
Kinship Carers And Grandparents Rights
Kinship carers are often grandparents or other members of the wider family, or close family friends, who step in when parents are unable to care for a child. Grandparents often act as kinship carers in family law cases.
Local Authority Assessment
Local authorities assess kinship carers to ensure they can meet the child’s needs. If you do not have automatic legal rights, there are practical steps you can take before going to court.
No Automatic Legal Rights? Practical Steps To Take Before Court
Before starting court proceedings, try practical steps with the child’s parents and other family members to avoid unnecessary legal action, including:
- Calm, direct communication with the child’s parents
- Attending mediation and obtaining a MIAM certificate if required
- Considering family group conferences where available locally
This may help preserve family relationships before formal proceedings begin. If these steps do not resolve the issue, legal options may be necessary.
Alternatives And Other Legal Options
There are alternatives to court proceedings that may be faster and less confrontational:
- Mediation: A quicker, lower-conflict option for resolving disputes, though it is not suitable in some cases, including domestic abuse; some families may instead consider counselling or family therapy to improve family relationships
- Lawyer-led negotiation: A family lawyer can help negotiate and draft formal agreements
- Legal assistance: Seek advice from a family lawyer for complex cases
If a court order is breached or needs to be changed, there are enforcement and variation procedures.
Enforcement And Variation Of Court Orders
If a child arrangements order is breached:
- Seek legal assistance to apply for enforcement through the family court
- Apply to vary an existing court order if circumstances change
In rare cases, the court may restrict contact, including to indirect contact only, where safeguarding concerns require it.
Now, let’s look at a step-by-step guide for grandparents seeking parental responsibility.
Step-By-Step Guide For Grandparents To Gain Parental Responsibility
Follow these steps to seek parental responsibility as a grandparent:
- Attempt Informal Negotiation: Speak with the child’s parents and, where helpful, other family members to try to reach an agreement before formal action.
- Attend a MIAM: Unless an exemption applies, attendance at a Mediation Information and Assessment Meeting is generally required before making a court application.
- Ask for Permission In Your C100 Application: If you need the court’s permission, request it within the C100 form. Form C2 applies where proceedings about the child already exist.
- File the Main C100 Application: Complete and submit the C100 form, together with Form C1A if there are concerns about harm or domestic abuse.
- Prepare Evidence: Gather witness statements and documents showing your role in the child’s life and why the order supports the child’s welfare.
- Cafcass Assessment: Be prepared for Cafcass involvement if the court requests it.
A family lawyer can help you at every stage of this process.
How A Family Lawyer Can Provide Legal Assistance
A family lawyer can:
- Advise on the best legal option for your situation
- Prepare court documents and ensure they are correctly completed
- Support you through complex hearings and enforcement proceedings
For complex cases, it is highly recommended to seek professional legal advice. Contact Kabir Family Law today on 0330 094 5880 to arrange your free consultation or book a time that suits you. Our family lawyers in Coventry as well across York, Nottingham, Cardiff, Northampton, Oxford & London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.
