How Can A Grandparent Get Parental Responsibility

At Birch & Co, we regularly advise grandparents on the extent to which they are legally entitled to partake in their grandchildren’s upbringing. Clients frequently approach our specialist family law solicitors seeking answers to the question ‘How can a grandparent get parental responsibility?’ We understand the need to approach matters of this nature with the utmost sensitivity, and we offer exceptional legal advice coupled with care and compassion.

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What Is Parental Responsibility?

The law defines parental responsibility as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and their property.”

Essentially, having parental responsibility for a child means that you are legally entitled to have a say in important decisions relating to that child. Examples of the types of decisions in connection with which an individual with parental responsibility can be involved include the following:

Deciding where the child lives
Deciding whether the child should receive specific medical treatment
Determining where the child should go to school
Deciding which religion the child should follow
Changing the child’s name

In most cases, a child’s birth mother automatically has parental responsibility. A father will usually have parental responsibility if he was married to the mother at the time of birth, or if he is listed on the birth certificate (for children born after December 2003).

However, grandparents do not automatically have parental responsibility, no matter how much involvement they have in their grandchild’s life. Even when a grandparent steps in to be the child’s primary caregiver because the parents are unable or unwilling to meet their child’s needs, the grandparent must nevertheless navigate a complicated legal process to obtain parental responsibility for that child.

Why Might A Grandparent Want To Gain Parental Responsibility For Their Grandchild?

Seeking parental responsibility for your grandchild is a big step, and one that should not be taken lightly. Sometimes, though, grandparents consider it necessary to ensure their grandchild’s stability and wellbeing.

Examples of the types of situations in which a grandparent might wish to assume parental responsibility for their grandchild include the following:

The child is already living with them full-time
The child’s parents are unable to provide safe or stable care, for example, because they are suffering from an illness or have issues with substance misuse

How Can A Grandparent Get Parental Responsibility For Their Grandchild?

There are several legal options for grandparents wishing to assume parental responsibility for their grandchild. The appropriate one in your case will depend on the specific circumstances. The various routes are as follows:

• Child Arrangements Order

A Child Arrangements Order specifies who a child should live with and who they should spend time with.
If a grandparent successfully applies for a Child Arrangements Order stating that the child should live with them, they will automatically gain parental responsibility for as long as the order remains in place.

• Special Guardianship Order (SGO)

A Special Guardianship Order appoints a grandparent as the child’s “special guardian.” Special guardians gain parental responsibility for the child, enabling them to make most decisions about the child without needing to consult the parents (although some major decisions, like adoption, still require parental involvement).

• Adoption

In rare cases, grandparents may seek to adopt their grandchildren. In doing so, they become the child’s legal parents as opposed to their grandparents and assume parental responsibility for them.
Adoption completely alters the family structure and severs the child’s legal link to their parents. It is a life-changing step that requires careful thought and legal advice. It is generally only used when no other arrangement can meet the child’s needs.

How Can We Help A Grandparent Get Parental Responsibility For Their Grandchild?

Navigating family court proceedings or adoption can be complex and overwhelming, particularly when your grandchild’s wellbeing is at stake. At Birch & Co, we are committed to reducing the burden of the applicable legal processes on our clients, allowing them to focus on supporting their grandchild and wider family.

We are personable and approachable, and our expert family law solicitors go out of their way to put our clients at ease from the get-go. We understand that, for many of our clients, their interactions with us are their first experience of the legal system, and we are mindful of the need to provide not only exceptional legal advice, but also personal support. We do not use confusing legal terminology; instead, we translate complicated legal issues into plain English, so our clients understand what is involved in their chosen procedure.