Grandparents As Parents

A residence order will automatically give parental responsibility to the person or persons who have the residence order in their favour. Residence orders are often used when a child lives with their grandparent as a way for them to obtain parental responsibility for their grandchild.

The following people have an automatic right to apply for a residence or contact order: -

The child's mother
The child's natural father
The child's guardian
A stepfather or stepmother
A civil partner who has treated the child as a child of the family
A person with whom the child has lived for a period of at least three years out of five
Any person who has obtained consent from those with PR, or anyone with a residence order, or the local authority if the child is in care

All other people require leave (permission from the court) to apply for a residence order (e.g. Grandparents).
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How to obtain a residence order:

Those who do not require leave can apply for a residence order to the local family proceedings court or the local county court.

The application should be made on a C100 Form (if there has not been prior legal proceedings relating to the child) or C2 Form (if there has been prior proceedings). Both forms can be obtained from the local county court or family proceedings court. If a C100 form is used, it needs to be completed and lodged at the family proceedings court. Form C2 must be lodged at the county court.

Those who do require leave will have to make an application to court on a C2 Form, and then a C100 form, both forms can be sent at the same time.

Guidance on these forms are available from the court website.  http://www.hmcourts-service.gov.uk/HMCS … mFinder.do

information taken from:
http://www.childrenslegalcentre.com/Leg … denceorder