In this section you will find frequently asked questions, and documents available to download or view online.

See the following for QUESTIONS & ANSWERS.........

QUESTIONS:

Can I get financial help with the cost up bringing up my grandchild?

What rights do grandparents have?

My son/daughter is stopping me from seeing my grandchildren.

There has been a family feud. What should I do know?

Who can I speak to about legal issues?

My son is not married to the mother of my grandchild(ren).

I am bringing up my grandchildren. how can I make this official?

What services does the Grandparents' Association operate?

What is the difference between a residence order and a Special Guardianship Order?

How do I apply for a DIY residence and contact order?

How do I enforce a contact order?

Does a grandparent need to seek leave (permission) from the court before making a court application?

ANSWERS

Can I get financial help with the cost up bringing up my grandchild?
If this is a permanent arrangement you will be able to claim child benefit and child tax credit. Some local authorities may pay a residence order or special guardianship allowance. our publication looking after your grandchild price £5.75 will help guide you in teh right direction, or you can call our welfare benefits advisor on 0844 357 1033 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

What rights do grandparents have?
None. There are no formal legal rights but grandparents do have the right for leave from the court, under section 8 of the Childrens Act 1989, to apply for contact.

My son/daughter is stopping me from seeing my grandchildren.
Parents have the right to make decisions about their child's upbringing including who he or she sees. However, a child has a right to associate with other family members, and to enjoy a family life, which includes them. It may be helpful to point out to the parent in a tactful way, and suggest that they should have in mind the benefits to a child, that these relationships can give - both material and emotional. Ultimately a court may make an order for the child to have contact, but legal proceedings should always be the last resort.

There has been a family feud. what should I do know?
Try to communicate - either talk or write a non-confrontational letter without apportioning blame. It may help to involve a neural third party, if possible, to enable communication to be re-opened to resolve issues, or for parties to agree to put them behind them. Call our Grandparents Helpline for more advice on 0845 434 9585.

Who can I speak to about legal issues?
We suggest you conatct a solicitor who is a member of the Law Society's Children panel, such as those listed in our lawyers list. Some of our lawyers give a free initial interview. These are shown in the Grandparents Lawyers Listings.

My son is not married to the mother of my grandchild(ren).
Your son should eb encourgae dto obatin a Perental Responsibility Agreement with the mother so that he has joint responsibility with her. This may be done even if they are not living together, and if the mother will not agree it may be possible for him to obtain a Parental Responsibility Order form the court. see our fact sheet on Parental Responsibility.

I am bringing up my grandchildren. how can I make this official?
There are different types of Orders which will give the children some security. The most common is a Residence Order. See our article 'The difference between Residence Orders and Special Guardianship Orders' and our facts sheets as well.

What services does the Grandparents' Association operate?
We operate a HELPLINE , WELFARE BENEFITS LINE, SUPPORT GROUPS, PUBLICATIONS , LAWYERS LIST, MEMBERSHIP, and VOLUNTEERING service.
Find more information on our RESOURCES and SERVICES choose the navigation options from the home page.

What is the difference between a residence order and a Special Guardianship Order?
As we are frequently asked this question we have two fact sheets on Residence Orders and Special Guardianship orders

Can I do a DIY residence and contact order?
It is possible to apply for a residence order and contact order yourself. For more information download our guide.

How do I enforce a contact Order?
There ahs been a recent change in Law – 8 December 2008. Courts have new powers to try and ensure compliance with Contact Orders.

Previously only option for enforcement was applying for penal notice to be attached to the order and then if further breach of order is proven (beyond reasonable doubt) person is in contempt of Court with a penalty of imprisonment and/or fine

New Law:

1. New Enforcement Measures:

• Contempt of Court leading to imprisonment and/or fine– as before but now warning notice automatically on the order
• Court can make an “Enforcement Order”  - requires person to undertake between 40-200 hours of unpaid work – order can be suspended.
• If breach causes financial losses, can be order to compensate those losses.
• Standard of Proof of breach needed – beyond reasonable doubt

2. Warning Notice must be attached to every new contact order and when varying an old order, warns that:

• If breach order may be held in contempt of court and imprisoned or fined; and/or
• If breach order Court may require you to undertake unpaid work and/or pay financial compensation
  

3.  New power to make “contact activity directions” and “contact activity conditions”:

Order someone to take part in activity designed to promote contact: Includes:

• programmes, classes, counselling or guidance sessions which aim to establish, maintain or improve contact
• Address a person’s violent behaviour in order to facilitate contact
• Information/advice sessions about ways of making contact arrangements

They CANNOT force someone to take part in medical examination, assessment or treatment  or in mediation.

“contact activity directions” are made during the course of court proceedings and “contact activity conditions” are made with final orders.

Information about the activities will usually come from CAFCASS

4. New power to order CAFCASS officer to monitor person’s compliance with Contact Orders and  contact activity directions & contact activity conditions. Will then report back to Court.

• Respite
• Legal fees

If child (previously) Looked After Child, LA must assess needs if support requested. Otherwise they may assess. Complex area.  Local Authority has discretion to pay Residence Order Allowance - discretionary

Appointing Guardian
Special Guardian can appoint a Guardian to care for child in event of their death Not permitted to appoint guardian  - that power remains with parent(s) with PR
Duration Lasts until child reaches age of 18 Lasts until child reaches age of 16 unless exceptional circumstances
Discharge:  Leave is required to apply for discharge or to apply for Residence Order.  Those with PR, and father without PR can apply to discharge order (as can those with leave)

Does a grandparent need to seek leave (permission) from the court before making a court application?
Leave for Section 8/ Special Guardianship Orders

Any Section 8 Orders – Residence, Contact, Specific Issue, Prohibited Steps Orders, can apply for any Section 8 order without leave if they already have Parental Responsibility from:

• Residence Order;
• Special Guardianship Order; or
• Appointment as Guardian

If not…

Residence and Contact Orders only can apply if can satisfy either “residence” or “consent” condition

1. Residence – has child lived with grandparent for a period of at least 3 years?. – does not need to be continuous but must not have begun more than five years before application or ended more than 3 months before application made.

2. Consent – has the grandparent got consent from the right people?
– is there a Residence Order? if so, consent of Residence Order holder;
– is child in care (Care Order)? If so, consent of Local Authority;
or otherwise
– Need consent of everyone with PR – best to get this in writing

Special Guardianship – same rules apply

What if leave is required?

Otherwise must apply for leave of the Court

Application for leave is made on Court form C2
Plus main Application
on C100 – New Form – for all Section 8 Orders
on C1 plus C13A for Special Guardian ship Order

Can be made with or without Court hearing

Court can consider the application and grant leave without hearing from parties.
Generally Court will list a hearing to consider the application on notice to the other parties.

How will Court decide? Court will consider:

- nature of the application
- applicant’s connection with the child
- risk of disruption to child’s life

[ if the child is looked after by Local Authority, will also consider the LA’s plans, and parent’s wishes and feelings]

- is application frivolous, vexatious or an abuse of process?
- is there any eventual real prospects of success?
- is it a good arguable case?

All families are different and we do not expect everyone's story to be the same. Many people find that the sense of 'not being the only one' helps. JOIN the Grandparents' Association now to get support for your own situation or to support those grandparents who are having a difficult time.