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Familylawexpert1
Familylawexpert1, Non-practising family law solicitor
Category: Family Law
Satisfied Customers: 5
Experience:  Qualified in 2005 and specialise in all aspects of family law, including divorce, finances and children disputes.
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I am a grandparent my 5 year old grandson lives with me , he

Resolved Question:

i am a grandparent my 5 year old grandson lives with me , he has since he was born , his parents lived with me as well but moved out three years ago this august leaving their son with me. after discussing with them we have agreed i should obtain legal rights/ responsibility with them. i understand this is a child arrangement order. can i apply directly to the courts or do i have to have a solicitor. there are no problems within the family( violence etc) just this has been the best place for my grandson to be.
Submitted: 1 year ago.
Category: Family Law
Expert:  Familylawexpert1 replied 1 year ago.
Hello,
I would definitely advise making an application to the courts for either a Special Guardianship Order or a Child Arrangement Order to confirm residence of the child. There is no need to instruct a solicitor if you are comfortable with completing the forms and speaking in court. If the parents are both in agreement and the child has lived with you since birth I can't see that the court would have any objection and it should be straightforward.

However, as you do not have parental responsibility for your grandson you will need to make an application to the court for leave to apply first (bascially permission to apply for the Child Arrangement Order). You can do this by completing Form C2 requesting permission and setting out the reasons for the application and also Form C100 stating which order you are applying for (you can give details of residence).

Both Special Guardianship Orders and Child Arrangement Orders will grant you parental responsibility (so you can make decisions about the child) but Special Guardians can make the final decisions eg about which school a child can attend. However, to apply for a Special Guardianship Order the Local authority would become involved as you have to give them three months notice before making your application which may delay matters. You would also need the court's permission before making the application.

I hope this brief overview is helpful to you.
Familylawexpert1, Non-practising family law solicitor
Category: Family Law
Satisfied Customers: 5
Experience: Qualified in 2005 and specialise in all aspects of family law, including divorce, finances and children disputes.
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