Care Proceedings
On occasions the Local Authority may take action to remove children from parents. We have extensive experience in representing parents, children, grandparents and extended family members in these cases. Such proceedings are very emotional and traumatic for the families. We aim to deal with these cases as professionally and sensitively as we possibly can and consider ourselves highly skilled in this area.
Police and Emergency Protection Order
These are urgent temporary orders taken by the Police and Local Authority to remove children from their carers this maybe the initial start of care proceedings. A Court may allow an emergency protection order for no more than 8 days and may only extend it for a further period not exceeding 7 days. This will give the Local Authority parental rights as well as those enjoyed by the parents. Such steps are only taken to protect children from significant harm.
Sometimes mistakes and misunderstandings can occur and parents and carers rights need to be protected.
Care Orders
A Care Order places a child in the care of the Local Authority. The Local Authority will provide accommodation and maintenance for the child so as to protect the child. Children subject to Care Orders maybe returned to the care of the parents but still subject to an Interim Care Order or maybe with other family members or in foster care. If during the term of the Interim Care Order the child is not placed with the parents the Local Authority have a duty to promote contact with the parents unless they apply to the Court to not do so in very specialised circumstances.
During the process an independent person is appointed by the Court known as a children’s Guardian and their role is to provide information to the Court and to protect the child’s best interest.
Local Authorities should seek to rehabilitate children to the care of the parents if at all possible and if that is not possible to look to place the children with members of the extended family. Only when all such options have been ruled out can a Care Order be made to place the child in care with foster carers and potentially look to adoption outside the family.
If care proceedings are being contemplated or these issues are effecting your family please contact us.
Adoption
Adoption Orders grant parental responsibility for a child to the adopters. At the same time an Adoption Order extinguishes permanently the parental responsibility of the natural parent. Adoption Orders are irrevocable apart from in extremely unusual circumstances. The adopted child becomes the legitimate child of the adopted family and is treated legally as if they had been born to those parents.
If you wish to have more information about fighting adoption proceedings or seeking to adopt children please contact us.
