In the UK, at least 10% of Children Act applications for a Child Arrangements order, are made by people who are not parents to a child or children.
What type of circumstances can this be?
- If a child/ren have been removed from an unsafe home
- If the parent or parents have deceased and there is no Will in place
- If there is a dispute between family members who are already caring for a child/ren
What do you have to prove?
As a non-parent or a person without Parental Responsibility, you have to ask permission to apply to Court. This means that when you are preparing your application, you have to complete the section relating to permission.
As a person without Parental Responsibility, or a non-parent, you need to prove certain things before you can apply to Court for permission. The criteria is set out in Section 10, Children Act 1989. The criteria states that you have to have a connection with a child/ren. This can mean that you play a regular role in their life by having a connection with the birth parents. This is common for family members such as grandparents, uncles, aunts and some extended family members. Often, children live with extended family and if you have lived in the same household for less than 2 years then you will have to seek permission.
The important factors are that:
- You have a connection to the child/ren
- What is your motivation to care for them?
- You need to show how you will exercise Parental Responsibility for the benefit of the child/ren and not to control the parents
There may be circumstances that you have to care for a child/ren because the birth parents cannot do so. This can be difficult because it may seem like a battle. The Court will always look at what is in the best interests of the child/ren.
What other type of orders can be made?
Sometimes the Judge will tell you that you need a different type of order depending on your case. There different types of orders are:
- Parental Responsibility order – this gives you the ability to exercise Parental Responsibility
- Child Arrangements order – this will give you an order to have a child/ren live with you or spend time with you. It will also allow you to exercise Parental Responsibility
- Special Guardianship order – this is where you need to exercise Parental Responsibility more than the natural parents.
It is a very noble thing to do, to care for children in difficult circumstances, so it is important that you have good advice from the beginning and ensure that your case is managed properly and sensitively. If you need a certain type of order that allows you to protect child/ren from their parents then you may be able to have some funding to help raise those children.
If you are considering making an application for a child that is a family member, or you want some more advice, you can contact me for an informal discussion.