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.
Kinship carers often have one of the following legal orders. If you are unsure of which one applies to you please download our guide on Special Guardianship or Child Arrangements Order? (Bear in mind these are the options in England and Wales – there is a different system in Scotland):
- Special Guardianship Orders
- Child Arrangements Orders (formerly Residence Orders)
Other arrangements include:
For information on temporary arrangements for some court hearings due to COVID-19 please click here.
Legal advice
You are strongly advised to seek legal advice before deciding what is best for you.
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.
If the child is placed with you by children’s services, then unless you agree at the time of placement 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. You can contact our advice service for further guidance.
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 will be available before the order is made, as you may find it harder to access support later on – another reason why it’s a good idea to seek legal advice as soon as possible.
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, although it is only available in specific circumstances and is usually means-tested. Click here for some information about legal aid.
Testamentary Guardianship
Many Kinship Carers who have a legal order to look after a child worry about what will happen to the child in the event of their death. It is possible to make provision for who will take on the care of the child by putting it in writing. This is known as Testamentary Guardianship. You can find out more about it our fact sheet.
Other organisations
Other sources of legal advice are listed here – it’s worth trying a few as there can be a wait before you’re able to access help:
Advocate
Telephone: 020 7092 3960 Mon, Weds, Fri 10.15am – 12.45pm
Email: enquiries@weareadvocate.org.uk
Website: https://weareadvocate.org.uk/check-if-you-are-eligible.html
Advocate is a charity which helps to find free legal assistance from volunteer barristers. In order to apply for help you will need to complete an application form . If you have any difficulties completing the application form, you can take it to a referral agency such as the Citizens Advice Bureau. Alternatively, you can contact Advocate on 020 7092 3960 and someone will be in touch to help you with the application over the telephone.
Coram Children’s Legal Centre – Child Law Advice Service
Advice line: 0300 330 5480 Monday to Friday 8am-6pm
Website: www.childlawadvice.org.uk
You can book a call through their callback service by visiting their website.
The website also 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
Website: www.frg.org.uk
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 289 7130
Email: info@grandparentslegalcentre.co.uk
Website: www.grandparentslegalcentre.co.uk
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–5pm
Website: www.solicitors.lawsociety.org.uk
Use the Find a Solicitor database or phone the number above to find a solicitor in your area who is accredited in children law.
NYAS
Helpline: 0808 808 1001 Monday to Friday 9am-8pm, Saturday 10am-4pm
Email: help@nyas.net
Website: www.nyas.net
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
Website: www.thepsu.org
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.
