Legal Orders

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.

Factsheets about Residence Orders and Special Guardianship Orders are available from the organisations listed below.   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 (see below) for further advice.

Legal proceedings can be expensive.  However, the local authority may be able to help you with the cost.  Alternatively, you may be entitled to legal aid if your income and capital are low enough.

Family Rights Group
Telephone:0808 801 0366 Monday to Friday 10am-3.30pm
Email: advice@frg.org.uk
Website: www.frg.org.uk

FRG provides free, confidential independent telephone and e-mail advice to family members who are involved with the local authority about the care of a child.

Grandparents Association
Telephone: 0845 434 9585 Monday to Friday 10am-4pm
Website: www.grandparents-association.org.uk

Information for grandparents, families and professionals on contact and residence issues.

Community Legal Advice
Telephone: 0845 345 4345 Monday to Friday 9am-8pm, Sat 9am- 12.30pm
Website: www.communitylegaladvice.org.uk.

Community Legal Advice will give you details of legal advisers in your area.  You can use the legal aid calculator to check whether you are financially eligible for legal aid.