If you are a grandparent or other family member raising a child who is not your own, you may wish to consider applying for a legal order to formalise the situation. A legal order will confirm that the child is to live with you and give you the right to be involved in making decisions about their care and upbringing.
See our factsheet on Special Guardianship and Child Arrangements Orders. Detailed factsheets and further advice about legal orders are available from Family Rights Group. You are strongly advised to seek legal advice before deciding what is best for you.
In some circumstances, financial support for the child you are bringing up may be available from the local authority if you obtain a legal order. It is usually best to talk to the local authority about what financial and other support may be available to you before the order is made, as you may find it harder to access support later on. We also advise you to seek legal advice about this.
If the child is placed with you by social services, then unless you agree with them when they place the child with you that it is to be a private arrangement, you may be entitled to be assessed as a foster carer and receive a fostering allowance. This is a complicated area of law and practice is variable. Contact Family Rights Group for further advice.
Further information about legal orders and support for kinship carers can be found in our Kinship Care Guide.
Legal proceedings can be expensive. However, the local authority may be able to help you with the cost. You may be entitled to legal aid if your income and capital are low enough, although from April 2013 certain cases no longer qualfiy for legal aid. Click here for some information about legal aid.
You can have a look at our Lawyers List for a solicitor in your area who specialises in childcare law. Many of the solicitors listed will provide a free initial interview. Other sources of legal advice are listed below.
- Special Guardianship or Child Arrangements Order – kindly provided by 4 Brick Court Family Law Chambers
We are very pleased that 4 Brick Court specialist Family Law Barristers have agreed to give free legal advice to clients referred by Grandparents Plus. To find out whether 4 Brick Court might be able to help in your case please contact our advice service. For this free service they cannot accept self-referrals.
Bar Pro Bono is a charity which helps to find free legal assistance from volunteer barristers. Cases must be referred by advice agencies or solicitors. Grandparents Plus’ advice service can refer appropriate cases to Bar Pro Bono.
Coram Children’s Legal Centre – Child Law Advice Service
Advice line: 0300 330 5480 Monday to Friday 8am-6pm
The website has detailed information and advice on family and children law matters in England. It also has a section on court processes in private family law cases, and practical advice on representing yourself in court. The helpline is for advice on more complex matters and clarifying questions.
Family Rights Group
Advice line:0808 801 0366 Monday to Friday 9.30am-3pm
FRG provides free confidential advice to families who are involved with local authority children’s services or need help from those services.
Grandparents Legal Centre
Telephone: 0843 2897130
Specialist legal advice for grandparents, including local authority responsibilities and other issues affecting kinship carers.
The Law Society
Telephone: 020 7320 5650 Monday to Friday 9am-5.30pm
Use the Find a Solicitor database or phone the number above to find a solicitor in your area who is accredited in children law.
Charity offering specialist legal advice and assistance, advocacy and legal representation to children, young people and vulnerable adults. NYAS helpline advisers can support children, young people and and vulnerable adults across England and Wales to ensure their rights are upheld. They also welcome enquiries from representatives of children, including family and friends.
Personal Support Unit
PSU assistance is free and independent. Trained volunteers help people who are facing civil court proceedings without legal representation. PSUs are based in courts around the country and there is also a London-wide service.