I raised my grandchildren but now their mother has taken them away. What can I do?

In England and Wales, Family Law can be complex when it comes to grandparents’ rights. 

If you have been the primary caregiver for your grandchildren, only for their mother to take them away, the experience can be both emotionally distressing and legally confusing. While grandparents do not automatically have rights in respect of their grandchildren, there are avenues open to you. 

Here is a breakdown of what you can do. 

Understand the Legal Framework

Parental Responsibility

Parental Responsibility primarily rests with the child’s parents. Mothers automatically have Parental Responsibility, as do fathers if they are married to the mother or named on the child’s birth certificate. This means that if you have been caring for your grandchildren without a formal Court Order, their mother retails the right to reclaim them unless a Court Order says otherwise. 

Court Order 

If you were granted a Child Arrangements Order stating that your grandchildren live with you, or a Special Guardianship Order by the Court, the mother cannot legally remove the grandchildren from your care without seeking the Court’s permission. 

If there is no such Order, your caregiving role is considered informal, and the mother’s Parental Responsibility take precedence, unless her ability to parent is called into question. 

Steps You Can Take

Try to Resolve Maters Informally

Communicate with the mother: open a dialogue with the mother to under her intentions. Express your concerns calmly and focus on your grandchildren’s well-being. 

Mediation: if direct communication is difficult, consider family mediation. Mediators are neutral trained professionals who help families resolve disputes without resorting to Court. 

Seek Legal Advice

If informal approaches fail or the children’s welfare is at risk, consult a Family Law Solicitor to discuss your options. 

Special Guardianship Order: If you have been the primary caregiver for your grandchildren for a significant period, you may apply for a Special Guardianship Order. This grants you Parental Responsibility and allows you to make long-term decisions about their care. However, the Court will consider: – 

• The length of time you have cared for your grandchildren
• The emotional bond between you and your grandchildren
• Whether the Order is in the Grandchildren’s best interests

Child Arrangements Order: if the mother has taken the children away but you want to remain involved in their lives, you can apply for a Child Arrangements Order to establish regular contact with your grandchildren. 

Emergency Legal Measures: If you believe your grandchildren are at immediate risk of harm, you can contact the Police and/or the Local Authority for them to intervene. 

Consider the Welfare Principle

When making decisions about children, the Family Court is guided by the Children Act 1989 and the welfare principle. This means that the child’s welfare is the Court’s paramount concern. 

Factors considered include, amongst others,: 

• The child’s physical, emotional, and educational needs 
• The likely effect of any changes in their circumstances
• The child’s wishes and feelings (depending on their age and maturity)
• The capability of each carer to meet the children’s needs

Your focus should entirely be on what is in your grandchildren’s welfare best interests.

It is important to get legal advice early to consider your options. If you need advice about your position as a grandparent, please get in touch via our contact page or contact Sigourney Lee-Smith direct (01295 204009 or slee-smith@se-solicitors.co.uk).