Maria Wright discusses the complexities of formalising kinship care arrangements in Today’s Family Lawyer

Maria’s article was published in Today’s Family Lawyer, 16 May 2024, and can be seen here.

Maria Wright, Senior Associate in our Family & Relationships department, discusses the legal complexities surrounding kinship care arrangements and the importance of formalising them to protect children’s best interests.

Kinship care where children are raised by relatives other than their parents is more common than adoption or foster care, yet often lacks formal legal recognition. Many carers, especially grandparents, step in during crises without time to consider the long-term implications or legal steps needed. While the government’s new Championing Kinship Care strategy acknowledges the vital role of kinship carers, many still care for children informally, without parental responsibility or access to support.

Maria highlights the challenges kinship carers face when trying to formalise their arrangements through the family courts. Legal processes can be daunting, particularly for those who have cared for a child for years without formal recognition. Without parental responsibility, carers may struggle to make decisions about a child’s education, health, or travel. Orders such as Child Arrangements Orders or Special Guardianship Orders (SGOs) can provide legal clarity and security, including rights to travel abroad and protection under international child abduction laws. However, these processes require time, legal knowledge, and often local authority involvement, which can be inconsistent or discretionary.

Maria concludes by noting that while the kinship care strategy is a step forward, significant gaps remain. The Law Commission has yet to begin its proposed review of legal orders for kinship carers, and many continue to rely on charities like Kinship and the Family Rights Group for guidance. Until a fully resourced and simplified legal framework is in place, children may remain in vulnerable, informal arrangements that do not fully safeguard their welfare or support their carers. Maria calls for urgent reform to ensure kinship carers are empowered with the legal tools and support they need to provide stable, secure homes.

Read the full article on the Today’s Family Lawyer website [external link].