A family court in the UK may place a child in the care of their grandparents until the age of 18 if their parents are not able to adequately look after them or they pose a risk or harm to their child. Typically, this is achieved through a Special Guardianship Order. It is important to bear in mind that, unlike an Adoption Order, a Special Guardianship Order does not remove parental responsibility from the parent/s. Rather, the guardian assumes significant responsibility for the child, allowing them to make decisions about the child’s upbringing without the need for parental agreement.
A Special Guardianship Order can be revoked if the circumstances which led to the order in the first place have now changed or if a mediated outcome can be reached. To regain custody of your child from their grandparent, you can appeal to the family court to have the Special Guardianship Order reversed or revoked. Alternatively, you may be able to enter into mediation with their grandparent to reach a voluntary termination of the order outside of the court system.
Grounds to regaining custody of a child from a grandparent
To appeal a Child Arrangements Order or a Special Guardianship Order, you will need to show that there has been a significant change of circumstances from when your child was put into the care of their grandparent. The exact evidence needed will depend on your reason for regaining custody of your child. The family court will assess the evidence provided and weigh this up against the child’s welfare and wishes.
It may be possible to regain the custody of your child from their grandparent if:
- The circumstances that led to your child being put in the care of their grandparent have now been resolved or no longer apply
- The parent now has safe and secure housing
- The grandparent poses a risk to the well-being of the child (e.g. neglect or abuse)
- The grandparent was only granted temporary custody of their grandchild, and there is now a disagreement between the parent and grandchild regarding the return of the child
- The child no longer wants to live with their grandparent
One of the crucial principles applied by the courts when assessing whether there has been enough of a change in circumstances is that parents should not be prevented from bettering themselves to have their children placed back into their custody.
It is also important to remember that it is often difficult to appeal a Special Guardianship Order because the family court that issued the order did so with the aim of providing the child with a stable and permanent home. This is why getting a Special Guardianship Order reversed or revoked can be a legally complex process. To ensure that your Special Guardianship Order revocation case has the backing of the family court, please speak to our expert family law solicitors for advice and guidance. Having listened to the details of your case, we will ensure that you have the best possible chance of receiving a positive decision, ensuring that your child is returned to your care as soon as possible.
Getting custody back from grandparents without going to court
It is always recommended to discuss any child arrangements with your child’s grandparents directly, with a view to reaching an amicable voluntary termination of their guardianship. If you are not successful in reaching a suitable outcome by speaking directly to the child’s grandparents, it is then advisable to try mediation before going to the courts. Mediation involves an independent mediator who will listen to the views of both parties. They will then try to reach an outcome that both parties can agree to. Taking either approach will save a considerable amount of time and reduce the cost of legal proceedings.
If you can reach an agreement with the grandparent to terminate the special guardianship order, you will still need to ask a family law solicitor for assistance with making the agreement legally enforceable.
