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Are you considering obtaining a residency order for your grandchild?

Created by Charlotte in No contact



Are you a grandparent who has your grandchild/children living with you informally and would now like that arrangement to become formal due to a change in circumstances? Are you worried about the circumstances your grandchild/children are presently living in? Do you think they are safe and secure?

 

When I was a child I used to go and stay with my Grandparents regularly during the school holidays and even at times for extended periods involving me changing school. Being with my grandparents was like being in an oasis. My grandmother would feed me up and tuck me into bed and I when I was with my grandparents I felt secure.

 

Fortunately my mother only once fell out with my Grandparents and even more fortunately it only lasted for a short period but during that short period I missed seeing my grandparents a great deal.

 

There are so many life circumstances that mean that we may have limited access to our grandchildren but Grandparents should remember that in certain circumstances they can apply for a residence order to have their grandchildren living with them i.e if one or both parents of your grandchild/grandchildren are seriously ill.

 

To apply for a Residency Order you need to fill in a Form C1/C1A and C2 and submit the forms with a fee of £350.00. If you are on pension credit or in receipt of disability benefit you can request a remission of the fees.

 

When a residence order is granted, physician parental responsibility is automatically granted in favour of the person(s) (hopefully you or you and your partner) who has/have the residence order. This can mean that more than one person has parental responsibility.

 

Parental responsibility does not allow the holder of the residence order to change the surname of the child or to take the child outside of the country without the written consent of all those with Parental Responsibility, symptoms or, apoplectic by a Court order, except, when the travel is for a period not exceeding one month.

 

In both contact and residence applications the court will have as its paramount consideration the welfare of the child and the court must take into account the welfare checklist if the application for residence and/or contact is opposed.

 

In all cases concerning the upbringing of children the Court will seek to identify what is in the best interests of the children. In determining what is in the best interests of the child the court will consider amongst other things, the best person to meet the needs of the child, the domestic routine that has been established for the child, and work commitments of the parties.

 

The court will not make an order unless to do so would be better for the child. Welfare includes such considerations as for example, determining what the wishes and feelings of the child are considering the age and understanding of the child, determining what the physical, emotional and education needs of the child are, and determining how capable the parents or the person seeking contact is capable of meeting the needs of the child.

 

To assist the court in coming to a decision as to what is in the best interests of the child a CAFCASS officer (the Children and Family Court Advisory and Support Service) may be asked to prepare a report on the present circumstances of the child etc

 

 

by Deborah Aloba, Affordable Law for You

 

 

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