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Extended family rights Experts at FM Family Law explain how relatives can obtain rights in respect of children in their care
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M any children are raised by step-parents, grandparents, aunts or uncles. However, if this is you, you may not have legal rights in respect of the child you care for. This is because you are not automatically granted parental responsibility (PR). As a result of not having PR, there can be legal and practical difficulties when making decisions about the child you care for, such as schooling and medical treatment. Fortunately, this can be overcome by obtaining those legal rights through a number of methods. What is parental responsibility? Parental responsibility is all the rights, duties and obligations towards a child. In short, it is the legal power to make decisions about a child such as which school they attend, whether they follow a certain religion and where should they live, as well as things like taking them to the GP and signing school trip permission forms. Every person with PR holds this equally; no one person has more PR than another, regardless of who the child spends more time with. carers or relatives who are not their parents – for example,
Who automatically has parental responsibility? This is always held by the child’s birth mother. The child’s father will have PR if: • They are named on the child’s birth certificate; or • They were married to the mother at the time of the child’s birth; or • They have obtained PR by agreement with the mother or by applying to court. How can I get parental responsibility? 1 You can ask everyone who has PR to agree that you can also obtain it. If agreed, a form can be completed and sent to the court for an order granting PR. 2 If not everyone who has PR agrees, you can ask the court to order that you should have PR by making an application. The court will then consider the reasons presented in your application alongside the child’s welfare. 3 You can also apply to the court for a child arrangements order to confirm the child lives with you, automatically granting PR. 4 You can apply for a special guardianship order (SGO). SGOs grant enhanced PR to the guardian. The holder of the SGO will have the final say over decisions relating
The specialist family team at FM Family Law are experts in representing carers who do not hold PR. If you are interested in getting further advice and assistance, please contact us on 01223 355333. The information contained in this article is for general informational purposes only and should not be considered legal advice to the child. They can also take the child out of the country for up to three months without needing to obtain permission from others with PR. SGOs can also come with further support from the local authority. This can include financial support, counselling or respite support for the guardians. If you are interested in applying for an SGO, this will involve notifying the local authority as they will need to be involved and prepare a report. This report will look into the life of the child and your role as the proposed guardian. From this, the local authority will make recommendations. When making their decision on granting PR, courts will primarily consider the child’s welfare.
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