Do grandparents have legal rights?

1. Grandparents Do Not Have Automatic Rights

• Unlike parents, grandparents do not have parental responsibility.
• This means they cannot make major decisions about a child’s education, medical care, or religion without a court order.
• To gain these rights, grandparents must apply to the court for a legal order.

2. The Child’s Welfare is the priority

When considering any application, the court always asks: “What is best for the child?” Factors the court considers include:

• The child’s wishes and feelings depend on their age and understanding.
• The child’s physical, emotional, and educational needs.
• The impact of any change in their life circumstances.
• The child’s background, age, and personal characteristics.
• Any harm the child has suffered or might suffer.
• How well the parents or other carers can meet the child’s needs.

3. Permission to Apply

• In most cases, grandparents must obtain the court’s permission before applying for a Child Arrangements Order (CAO).
• The court considers the grandparent’s connection to the child, the nature of the application, and whether it could cause disruption.
• Exception: If the child has lived with the grandparent for three or more years, permission is not required.

4. Legal Options for Grandparents

Once permission is granted (or not needed), grandparents can apply for one of these orders:

Child Arrangements Order (CAO)

• Lives With Order: Records that a child lives permanently with grandparents. Usually only granted if the parents cannot provide safe care.
• Spends Time With Order: records the time grandparents spend with a child regularly, such as visits or phone calls. This is the most common option.

Special Guardianship Order (SGO)

• Provides more responsibility than a CAO.
• Grandparents can make day-to-day decisions about the child’s life.
• Parents still retain legal rights.
• Often used when the child needs a permanent, stable home, but adoption is not suitable.
• Grandparents must notify the local council at least three months before applying.

5. The Role of CAFCASS

• The court may appoint a CAFCASS officer to meet the child and family.
• CAFCASS provides an independent report to the court that reflects the child’s wishes and the family situation.
• This report helps the judge decide what arrangement is best.