Can my grandchildren come and live with me?

Grandparents can be an amazing source of love and stability for a child, especially when the child’s parents are unable to meet those needs. Of course, a child would usually be expected to live with their parents. However, in some situations it may seem to be in a child’s best interests to live with their grandparents. 

One situation in which a child may go to live with their grandparents is if the Local Authority identifies the child as being in need. 

The Local Authority should carry out an assessment at an early stage and, as part of this, talk to the child’s extended family. Before making any application to Court, the Local Authority must again assess whether people connected to the child, such as grandparents, might be able to care for the child. If at all possible, the Local Authority should try to place the child in the care of family members under a Special Guardianship Order. 

Cases involving Special Guardianship Orders may qualify for legal aid. Solicitors who accept legal aid can be found through the Law Society website.

Even if the Local Authority is not involved, a grandparent may feel that it is in the child’s best interests to live with them. 

Grandparents do not automatically have the right to apply to Court for a child to live with them. The first step would therefore be to apply to Court for permission to make an application. If permission is granted, a grandparent can then apply for a Child Arrangements Order. 

A Child Arrangements Order specifies who a child lives or spends time with. In considering any application under the Children Act, the Court will give primary consideration to the welfare of the child. If the Court agrees that it is in the child’s best interests to live with their grandparents, they are able to order this. 

The process of obtaining a Child Arrangements Order can be very taxing for those involved. Legal advice can help to ensure that all parties act in the best interests of the child and minimise conflict. If you would like to arrange a Child Arrangement Order or seek advice, please contact us here.