Can You Apply For Custody Of Your Grandchildren?

Grandparents cycling with granddaughterThe term custody does not exist anymore – it is now known as a ‘Residence Order’. The only manner in which you can obtain Parental Responsibility for your grandchildren is by obtaining a Residence Order (formerly known as Custody) or Special Guardianship Order.

What Does Parental Responsibility Mean?

Mothers automatically have Parental Responsibility for their children along with the father if he was married to the mother. Parental Responsibility has also been given to unmarried fathers whose name was on the birth certificate from 1st December 2003 onwards.

Parental Responsibility means you are responsible for the child’s welfare and make all the major decisions involved in their upbringing. Following family breakdown, grandparents can find themselves caring for grandchildren and eventually taking over the parental role completely although, grandparents themselves do not automatically have Parental Responsibility, and the only manner in which you can obtain Parental Responsibility for your grandchildren is by a Residence Order or Special Guardianship Order.

If you are looking to adopt your grandchildren, or need further information on residence orders, special guardianship orders or access, please contact us and speak to one of our experts.

Our Grandparents Advice Service is here to help Get in touch today
The Family Law society accreditation in Advanced Family lawImage of The Law Society Accreditation of Children Law.