Child Care Proceedings

Child Care
Proceedings

Every local authority has a duty to make sure that children are safe and protected from harm. If social services are worried about your child’s welfare and are thinking about starting court proceedings, it is vital that you obtain legal advice as soon as possible.

At McAlister Family Law we have one of the largest and specialised child care team in the country. A number of our solicitors are members of the Law Society’s Children Accreditation Scheme which means that they are approved to represent children and are highly experienced in child care proceedings

Our team have been representing children, parents and other family members for more than thirty years. Our specialists can advise on the full range of issues including child neglect, cases of complex medical matters as well as applications involving allegations of physical, emotional, and sexual abuse.

Local Authority

The local authority can start ‘care proceedings’ if they are worried about a child and can apply to the Family Court for a care order. They can also apply for a placement order if they believe a child cannot safely be returned to his/her parents or other family members, and should be adopted. This allows the council to place the child with suitable adopters.

If your child is taken into care because of a care order, your local council will share parental responsibility with you for making most of the important decisions about your child’s upbringing, including:

  • who looks after them
  • where they live
  • how they are educated
  • who they will have contact with

It can take up to 26 weeks for a court to decide what should happen to a child. Some complex cases can take longer.

During the court proceedings, the parents and relatives will be assessed by social services and an independent guardian (CAFCASS officer) will be appointed by the court to represent the child. Your child will also have his own solicitor who is usually appointed by the independent guardian.  At the end of the case, the court will take into account all of the assessments, the statements of the parents and the recommendation of the guardian before making a final decision.

Public funding (legal aid) is usually available to help parents get the expert advice and representation that they need in child protection cases.

Our practitioners are well known across the field as they are members of a number of organisations including the Association of Lawyers for Children, and Child Concern. They also sit as members of the Greater Manchester Family Justice Board and the Greater Manchester Family Forum.

 

Types of cases:

  • Adoption and Placement Order proceedings
  • Discharge of Care Orders and Revocation of Placement Orders
  • Special Guardianship Orders
  • Contact to children in care
  • Pre-proceedings work (including attending any required meetings with you)
  • Emergency Protection Orders
  • Care and Supervision Orders
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MCALISTER FAMILY LAW

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