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Care and Social Services

Adoption & Special Guardianship

It may be that during the care proceedings, the Local Authority recommends that there is no alternative, but for your children to be placed for adoption. In the alternative, it may have identified suitable family members with whom it would wish to place your children under the auspices of a Special Guardianship Order.

Adoption & Special Guardianship

Care Proceedings

If the Local Authority do issue care proceedings, this means that it will generally be seeking either a Care Order or Supervision Order. If such proceedings are issued, you are entitled to, as a parent, to free legal advice and representation throughout your case irrespective of your financial circumstances.

Care Proceedings

Child Arrangements

When a relationship breaks down and there are children involved, your main concern will be to protect their wellbeing. Throughout all the practical considerations during a separation or a divorce, we never lose sight of the fact that your children’s physical and emotional wellbeing comes first.

Child Arrangements

Emergency Protection Orders

Social Services can apply for an Emergency Protection Order if there is reason to believe that a child is in immediate danger.

Emergency Protection Orders

Injunctions

If you or someone you know is suffering psychological, physical, sexual or emotional abuse there are lots of organisations that can give you help and support, including Refuge and Women's Aid. Family Law Group can help you with the legal side of things.

Injunctions

Mediation & MIAMS

Mediation allows you to take control and make your own informed decisions together regarding children, finances and other relationship breakdown issues, reaching mutual agreement usually by a series of round the table meetings with a trained mediator.

Mediation & MIAMS

FAQs

What are my rights to see the children?

Contact rights are generally the right of the children and not the parent. Provided that there is not a risk of harm to the children, contact will be ordered by the Court. It is best to negotiate contact arrangements by direct discussions or by attending mediation to agree on the way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).

What happens if we cannot agree with whom the children should live?

The focus should always be on what is in the best interests for the children. If this cannot be agreed, the court can decide for you, but will encourage you to attend mediation first.

What type of court orders can be made regarding children?

A Supervision Order is where a child is placed under the supervision of the Local Authority, but this does not give it parental responsibility. The child is not taken into care and remains with the parents, with the local authority being legally obliged to offer support and assistance to the child and his/her family.

An Interim Care Order is a temporary care order which gives social services parental responsibility for a child, which they then share with the parents. It means that social services can decide where a child will live while the court proceedings are continuing.