Key points
This case in 30 seconds
- Situation
- A grandmother has been caring for her granddaughter, who is under 18. The parents cannot look after the child, and the grandparents want to secure the right to care for their grandchild.
- Approach
- In certain circumstances, yes. Generally the application must be made to the court by the Social Welfare Department on their behalf, not directly by relatives; the court likewise puts the child’s interests first.
- Result
- Later, the granddaughter’s care arrangements were gradually put in place and her grandmother was able to keep caring for her. For the granddaughter, life stayed stable and she kept the familiar care she was used to.
Three points for handling this well
- First organise a clear record of the care given to the granddaughter all along.
- An application for guardianship is generally made by the Social Welfare Department on the family’s behalf.
- The court likewise puts the child’s interests first.
Background
A grandmother has been caring for her granddaughter, who is under 18.
The parents cannot look after the child, and the grandparents want to secure the right to care for their grandchild.
The grandmother has devotedly looked after her granddaughter’s daily life.
For years the grandmother has taken care of her granddaughter’s school, doctor’s visits and daily routine; she also keeps track of school notices and follow-up appointments.
- Not sure how to apply for guardianship
- Not sure whether the Social Welfare Department has to be involved
- Worried that without formal arrangements, future care may be affected
When a document needs a parent’s signature or an important decision comes up, the grandmother is not sure how to deal with it. She also wants her granddaughter’s life to stay stable, without being disrupted by a change of carer.
She wanted to understand what she could do before things got complicated.
When the parents cannot care for the child, the first thing to do is understand the routes available for a guardianship application.
Why organise care records first and learn about the guardianship route?
In this case we chose to learn about the application route first, because guardianship involves the Social Welfare Department, and knowing each step helps with follow-up.
Can grandparents or other relatives apply for guardianship?
In certain circumstances, yes. Generally the application must be made to the court by the Social Welfare Department on their behalf, not directly by relatives; the court likewise puts the child’s interests first.
How can you apply for guardianship?
Applications by grandparents and by parents differ in the following ways.
| Grandparents or other relatives applying | Parents applying | |
|---|---|---|
| When it applies | The parents cannot care for the child | The parents are in dispute |
| How it is filed | Application made on their behalf by the Social Welfare Department | Direct application to the court |
| We help | Organise records, explain the route | Organise information, prepare documents |
| What the court considers | The child’s interests come first | The child’s interests come first |
What else can be done if the situation is different?
Every situation is different; see the approach in “A child’s wishes change: applying to vary a custody order” or “Access not going ahead as ordered: enforcement or variation”.
Once you understand the application route, what remains is knowing how each stage works in practice.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case. Our help comes in three stages.
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Organising records stage
From the first consultation
At the first consultation, the dedicated consultant first finds out how the grandmother has been caring for her granddaughter.
We help the grandmother organise a record of the care she has given her granddaughter, including daily life and care arrangements.
A clearly organised record is the key first step.
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Application stage
Once everything is in order
We explain the routes available for a guardianship application and help prepare the application documents.
Once the documents are ready, they are passed to the Social Welfare Department to follow up.
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Arrangements put in place stage
After the application
Next, we remind the grandmother to watch how the application progresses, and keep following up if needed.
Watching for notices from the Social Welfare Department or the court as the case progresses reduces delay.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
We explained every court letter first, and what needed following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Later, the granddaughter’s care arrangements were gradually put in place; for the granddaughter, life stayed stable and she kept the familiar care of her grandmother.
Because the grandmother had always been the carer, the application was built on the care she had given all along, with no need to start afresh.
For the granddaughter, the biggest difference is that the person who looks after her day to day stays the same, and her routine does not change.
Throughout, the dedicated consultant helped the grandmother organise records and reminded her to watch how the application progressed.
The dedicated consultant also helped the grandmother put school, medical and daily-care information in date order, so that it could be explained together in later follow-up.
Without a clearly organised care record first, explaining the care given all along often takes longer.
The grandmother now follows up under the Social Welfare Department’s arrangements, and her granddaughter’s daily life has not changed much, which was what she cared about most at the start.
How does the procedure change if your situation is different?
The approach in this case follows from the parents being unable to care for the child and the grandmother having always looked after her granddaughter; if the situation differs, the approach will change too.
Grandparents have not been the main carers: The approach differs when the situation differs; please ask a dedicated consultant for details.
Other relatives want to apply: The approach for other relatives is similar to that for grandparents; please ask a dedicated consultant for details.
Custody or access arrangements are also involved: The situation may also relate to a child’s changing wishes, or to access not going ahead as ordered; the two cases above may be read alongside.
Three things you can do first in a similar situation
- First organise a record of the daily care given to the granddaughter.
- Understand that guardianship applications generally have to be made through the Social Welfare Department.
- If the situation continues, have an initial consultation to learn about the routes available.
FAQ
The parents cannot care for the child. Can the grandparents apply for guardianship?
In certain circumstances, yes.
In this case, we first helped the grandmother organise care records, then explained the routes available for an application.
Can grandparents file directly with the court?
Generally the application must be made to the court by the Social Welfare Department on their behalf, not filed directly by relatives.
What comes first in this kind of application?
As with other custody arrangements, the court likewise puts the child’s interests first.
How can we help organise care records?
We help the grandmother organise a record of the care she has given her granddaughter, including daily life and care arrangements.
What documents can you help prepare?
We explain the routes available for a guardianship application and help prepare the application documents.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
