Care Proceedings – What Could Happen?
Do I Need Child-Care Proceedings Solicitors?
The protection of children is always an important part of the law. However, if you feel that you need child-care proceedings solicitors to intervene, we can help you to make sure that your children are looked after in the very best possible way and the right choices are made.
When may I need Child Care Proceedings Solicitors?
There are a number of different reasons that a local authority can make an application to take children into care. These include accusations of abuse and neglect. Neglect is defined as when there is a sustained, serious failure to meet a child’s basic needs and it can include instances of:
- Not cleaning the child appropriately
- Not ensuring that the child receives an education
- Not giving the child enough to eat or drink
- Not taking the child to see a doctor when they are ill or injured
Instances of abuse include:
- Physical abuse, which is inflicting pain or injury to a child and also includes giving a child harmful substances, such as drugs, alcohol or poison
- Sexual abuse, when a child is pressured, forced or tricked into taking part in any kind of sexual activity
- Emotional abuse, when a parents or carer behaves in a way that is likely to seriously affect the child’s emotional development. This can include constant rejection, continual and/or severe criticism and witnessing domestic abuse.
There are sometimes cases where it can wrongly appear that a child has been subject to abuse or neglect. If you are at risk of your child being taken away from you, then our child-care proceedings solicitors can help you.
What could Potentially Happen to my Child?
There are a number of different outcomes for a child that has been found to be the victim of neglect or abuse. Some of the options include:
- The child going home if it can be proved that the safety and the quality of parenting has improved
- The child going to live with a relative in their extended family, or another person known as a ‘special guardian.’
- The child going to live with a foster parent
- The child being adopted
If your child or children are subject to care proceedings, then you do always have the right to your own solicitor. In some cases, you may even be eligible to receive legal aid.
What is Legal Aid?
Legal aid is when public funds are used to pay for legal advice and services. There are usually three considerations for deciding whether someone qualifies for legal aid. These are:
Scope – Whether the matter is within the scope of legal aid
Means Test – Whether you are unable to afford your own legal costs
Merits Test – the likelihood of success and whether the costs are reasonable
There are also different types of legal aid that are available. These are:
Legal Help – a solicitor can advise you and negotiate with the other party but cannot represent at court
Family Mediation – a solicitor can help with negotiating with the other party through mediation.
Legal Representation – a solicitor can prepare your case and represent you in court or arrange for a barrister to represent you in court.
Not everyone is eligible to receive legal aid, but we can help you to establish if you are and provide the appropriate support.
Get in Touch
We have a great deal of experience with family law cases, and our expert solicitors can help you to get the best possible outcome in your unique situation.
Get in touch for help and advice from our child-care proceedings solicitors.
All advice is correct at time of publication.