What happens if the child’s parents disagree with the kinship care arrangement?

A parent’s disagreement does not by itself decide where a child should live. The practical and legal position depends on the child’s safety, the type of kinship arrangement, and who holds parental responsibility. The child’s welfare is the central consideration, and disputes should be managed through the social worker, the relevant local authority and, where necessary, the family court.

First, identify the arrangement. Kinship care can be informal, arranged with the local authority, or supported by a legal order. This distinction matters because a kinship carer may not have authority to make important decisions simply because the child is living in their home.

• Informal family arrangement: the parents usually retain parental responsibility and may be able to decide where the child lives, subject to any court order or safeguarding intervention.
• Kinship foster care: the local authority remains responsible for the child’s placement and care planning. A parent’s objection should be considered as part of the assessment and planning process, but it does not automatically determine the placement.
• Child Arrangements Order: the court sets out who the child lives with and may specify contact with the other parent. The order must be followed unless it is changed by the court.
• Special Guardianship Order: the special guardian has parental responsibility and can generally make day-to-day decisions, although the parents usually retain parental responsibility. Some major decisions may require the parents’ consent or the court’s permission, depending on the issue and the wording of the order.
• Care order: the local authority shares parental responsibility with the parents and may have the authority to determine where the child lives, in line with the care plan and the child’s welfare.

If the parent objects before the arrangement is made , the social worker should record the objection and consider the parent’s reasons. They may raise concerns about the proposed carer, the child’s relationship with them, contact, the child’s wishes, or the practical arrangements in the home. These concerns should be assessed rather than dismissed, but an objection does not necessarily mean that the child will be placed with the parent or that a safe kinship placement must stop.

The local authority may carry out further checks, speak to family members, update the child’s assessment, or consider alternative arrangements. If the disagreement concerns an immediate safeguarding risk, the social worker must prioritise protection from harm. If the matter cannot be resolved through assessment and planning, the local authority or another person with the appropriate standing may ask the family court to decide what arrangement best serves the child.

If the child is already living with the kinship carer , the carer should not respond by preventing contact, moving the child, or making major decisions without understanding their legal authority. They should keep the child’s social worker informed, follow the agreed care or contact plan, and report any missed contact, pressure placed on the child, threats, or new welfare concerns. Keeping a factual record of significant conversations and incidents can help professionals understand what has happened.

A parent may ask for the child to return to their care, seek increased contact, challenge the assessment, or apply to the court. The response will depend on the evidence about the child’s welfare and the legal status of the placement. A parent cannot usually use disagreement alone to override a court order, care plan or other lawful arrangement. Equally, a kinship carer should not assume that an informal agreement gives them permanent authority over the child.

Contact is often a central issue. Parents and kinship carers may disagree about how often the child should see or speak to a parent, where contact should take place, or whether contact is safe. Contact should be arranged around the child’s welfare and emotional needs, not used as a way to resolve the adults’ disagreement. It may be supervised, supported, indirect or temporarily restricted where there is a properly assessed safeguarding reason. Any restrictions should be discussed with the social worker and recorded in the relevant plan or order.

The child’s views should also be taken into account in a way that reflects their age and understanding. Children should not be asked to choose between adults or used to pass messages. A social worker, children’s guardian or court may consider the child’s wishes and feelings alongside their safety, relationships, care needs and ability to understand the situation.

If the parent makes threats or attempts to remove the child , the kinship carer should contact the child’s social worker or the local authority’s children’s services for guidance. Where there is an immediate risk of abduction, violence or serious harm, contact the police. The carer should show professionals any relevant court order or written placement information and avoid confrontation wherever possible.

Independent legal advice is important where:

• a parent is demanding the child’s immediate return;
• the carer is unsure who has parental responsibility;
• someone is not following a Child Arrangements Order, Special Guardianship Order or care plan;
• contact has broken down or a parent is seeking a different contact arrangement;
• the parent alleges that the child is unsafe or the carer is unsuitable;
• the carer is being asked to agree to a significant change without clear written information; or
• court proceedings have started or are being considered.

A solicitor can explain the carer’s rights and responsibilities, whether an application or response is needed, and what evidence the court may consider. Legal aid may be available in some children and safeguarding cases, subject to the relevant rules. A kinship carer can also ask the social worker to explain the placement plan, the proposed legal route, contact arrangements and what support is available while the disagreement is being addressed.

In practice, the safest approach is to keep communication focused on the child, follow the current legal and professional arrangements, share concerns promptly and obtain advice before taking action that could affect the child’s living arrangements or contact. The child’s parents remain important to the decision-making process, but their objection must be considered alongside the child’s safety, stability and welfare.