Child Care Solicitors in Luton

The court is introduced into child care proceedings when a child’s safety is questioned. When the local authority’s social services department has reason to believe a child is unsafe at home, a ‘public law’ case can be raised in court. This begins a hearing process in court that works to evaluate the child’s home environment and the level of care they receive. 

It is worth noting that child care proceedings can only be accelerated to court with the involvement of the police. If social services have mild concerns, they must work with the family first before a ‘public law’ can be raised.

Child care proceedings aim to be resolved within 24 weeks (6 months) after the initial application was submitted.

At the end of a child care proceeding, a court can insist on four different orders to be implemented. These are:

• Supervision Order – under this ruling, the local authority must advise, assist and support both the children and the family. This order is necessary for 12 months; however, it can be extended for the following two years if the authority deems it necessary. Under a Supervision Order, the child remains with their family. 
• Special Guardianship Order – decides the children must be looked after by Special Guardians, normally known family members. These guardians gain parental responsibility and make decisions regarding the children’s welfare. 
• Care Order – this decision hands the children’s parental responsibility, and decisions regarding health and education, go to the local authority. Children with care orders reside with a foster family or family member. The children’s parents still retain some parental responsibility; but, the local authority makes the day-to-day decisions regarding the children’s care.
• Placement Order – this order can be implemented alongside a Care Order. If the court rules that the children’s best interest is to be placed outside of their family, this order is given. A process begins to find an appropriate adoptive family for the child or children.

A Care or Supervision Order can only be issued if the court decides the child already has or is at risk of suffering harm under their current care.

In most cases, Interim Care Orders or Interim Supervision Orders are implemented. These orders are temporary orders that last while the court carries out the necessary assessments and gathers all information for the Judge to make a long-term decision.

Grandparents do not have parental rights for a grandchild, without making an application to the court. You must also gain the approval of the children’s parents before this responsibility can be given. Once an application of ‘leave’ is made to the court, the court will decide whether to hear the issue. Successful applications are normally granted where the grandchild/grandchildren are already residing with the grandparents or if there is uncertainty about where these children can live.

Before making a decision, the Judge will consult the Children Act 1989 welfare checklist to evaluate the proposal. 

Parental rights cannot be obtained by simply marrying or entering a Civil Partnership with the children’s biological mother or father, and the same can be said for cohabiting as an unmarried couple. Put simply, the birth parents will retain the children’s parental responsibility. 

It is possible to apply to the court to gain parental responsibility as a step-parent, however. Since 2005, if you are a married step-parent, you may be able to acquire recognition, especially if you have lived with the children for more than three years. As an unmarried step-parent, a Child Arrangement Order or an application to adopt your partner’s child is recommended to help your case.