As a family member you may feel that your participation in any Court proceedings involving a child, grandchild, nephew or niece is guaranteed from the outset.
In proceedings involving Social Services, the list of people entitled to make an application to the Court concerning a child is found in section 10(4) of the Children Act 1989. If you are:
- Parents, guardians or special guardians of the child
- Holders of a residence order in respect of the child
- Resident step-parents of the child
- Anyone with whom the child has lived for at least 3 years
- Anyone who has the consent of the residence order holders
- Anyone who has the consent of the Local Authority where the child is in care
- Anyone who has the consent of those that have parental responsibility for the child
If you are not automatically a party to the proceedings then you will have to ask the Court for leave or permission to become involved (a party) to the proceedings. You will need to complete and lodge with the Court a C2 application form. The other parties (people involved) will have to consent to you becoming a party to the case.
If consent is declined
If they do not consent to you becoming a party the Court will make a decision under section 10(9) of the Children Act 1989. The Court will consider:
- The nature of the proposed application
- Your connection with the child
- Any risk there might be of that proposed application disrupting the child’s life to such an extent that he/she would be harmed by it; and
- Where the child is being looked after by a Local Authority
- The Authority’s plans for the child’s future; and
- The wishes and feelings of the child’s parents
On the whole, the closer your connection with the child the higher the chance that the Court will give permission for you to become a party to the proceedings.
How Nelsons Can Help
If you need advice on attending Court proceedings involving a family member or any other related matter, please contact our expert Family Law team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form, and they will be happy to discuss your circumstances in more detail.