If you are currently involved in court proceedings for a Care Order or facing difficult decisions regarding your child's welfare, it's important to seek professional legal advice as soon as possible.
We understand that you have the right to legal representation and we offer non-judgmental support throughout the legal process.
Our highly regarded solicitors will guide you through every step with reassurance and expertise and will be there to represent you in court when necessary.
Contact our Care Order solicitors in Northwich, Cheshire
If you’d like to discuss child arrangements with one of our Care Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
Our expertise with Care Orders
If a council is worried about a child's well-being and it is believed that the child is suffering or at risk of suffering significant harm, they can apply for a Care Order Under the Children Act 1989.
Having an expert solicitor is important in this situation, as crucial decisions are made early in the court proceedings such as where the child will live during the case.
If the council inform you that they are initiating care proceedings, it is advisable to seek legal advice as soon as possible.
Once the court starts proceedings, a social worker, an officer from the Children and Family Court Advisory and Support Service (Cafcass) and other authorities will assess why the child may be at risk. They will also look at what can be done to keep them safe.
No matter what the local authority is suggesting, get in touch with our expert solicitors for quick advice and support based on your family's situation.
Frequently asked questions about Care Orders
What is a Care Order?
A Care Order is a legal measure under the Children Act 1989, granting the local authority parental responsibility for a child. The council can apply for a child Care Order when it is believed that a child is suffering or at risk of suffering significant harm.
The order allows authorities to make decisions about the child's upbringing, including living arrangements and education. It's typically sought when voluntary arrangements or support services are insufficient to safeguard the child.
What happens during court proceedings for a Care Order?
When care proceedings begin, the council may request a temporary court order, known as an 'Interim Care Order', from the family court. If approved, the council can temporarily take the child into care for up to 8 weeks initially.
The court typically takes about 26 weeks to decide what will happen to the child, though complex cases may take longer. During this period, a social worker, Cafcass officer, and others investigate the reasons for the child's risk and assess what can be done to keep them safe.
They engage with parents, the child, and possibly relatives or friends as potential caregivers.
Both the social worker and Cafcass representative will submit reports to the court, outlining their recommendations for the child's future placement, either in care or with the family.
Once all information is gathered, a court hearing will be scheduled.
What is an Interim Care Order?
When court proceedings start, the council may apply to the court for an Interim Care Order which temporarily places the child under the care of the local authority.
When an Interim Care Order is in place, the local authority has parental responsibility for the child.
The court is likely to issue an Interim Care Order if it is believed that the child is suffering or likely to suffer significant harm.
Initially, an Interim Care Order can last up to 8 weeks and can be renewed for up to 28 days.
There is no limit on the number of Interim Care Orders that can be applied for.
What is a Section 20 Care Order?
Section 20 of the Children Act 1989 states that it is the duty of children's services to provide accommodation to children in need within their area.
This section is primarily used to house children who for various reasons are unable to live with their parents.
It is important to note that Section 20 agreements do not come with a fixed time limit, but they are not designed to be relied upon as a permanent solution.
Can a child live with parents on a Care Order?
When a Care Order is issued, the local authority has the responsibility to decide where the child will live.
The child can either be placed with their parents, relatives, a children's home, or foster parents. In some cases, the child may continue living with their parents while the Care Order is in effect.
However, if any concerns arise, the local authority may move the child to alternative accommodation at any time. If the situation is urgent, this can happen without prior notice to the parents.
Do Care Orders give parental responsibility of a child?
When a child is taken into the care of the local authority, the local authority is given parental responsibility and shares it with any existing parental responsibility holders, such as the child's parents.
How long does a Care Order last for?
Care orders last until the child turns 18, an order is made giving parental responsibility to another person or the court lifts the order (this is called discharging the Care Order).
The difference between a Care Order and an Interim Care Order is that the former is permanent until one of these requirements is fulfilled, while an Interim Care Order is temporary and lasts up to 8 weeks.
Contact our Care Order solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our Care Order solicitors today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.