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What happens in care proceedings?
The Court will want to ensure that the child is protected, and taking them into care is not a decision they will make lightly. The Local Authority will give notice that they intend to issue proceedings to remove a child from your care, and will try to work with you to resolve the issues.
The Local Authority should only make a formal care application where there is a significant risk of harm or a likelihood of harm to the child. They will need evidence to do so.
If a Local Authority raises concerns about the care of your child, they may:
- Make a Section 47 referral to investigate the concerns;
- Apply to the Court for an Emergency Protection Order, allowing them to remove your child from your care and place them into Local Authority care; and/or
- Apply to the Court for a Care Order or Interim Care Order.
It is possible for grandparents and other family members to become involved in care proceedings, either by offering to care for the child in the short or long term, by supervising contact or by having contact with the child in their own right.
How our solicitors can assist with care proceedings
It is essential that as soon as the Local Authority becomes involved with your family that you seek legal advice and assistance.
Our dedicated team of accredited specialists with many years of experience working in this specialised area of law. We will respond to your enquiry quickly to help your family at what we know is a stressful and upsetting time.
Our team includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
The team was also shortlisted for the ‘Family Law Firm of the Year: Midlands and Wales’ award at the Family Law Awards 2021.
To discuss how our children law solicitors in Derby, Leicester and Nottingham can help you, please contact us via our online form or call 0800 024 1976 for a guaranteed response.
“Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases. Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”Chambers & Partners
"Nelsons Solicitors Limited has an experienced family and children law practice, and is noted for its strength in cases with an international element. The family team...regularly advises high-net-worth individuals on financial relief cases. Melanie Bridgen, who heads up the children team, is experienced in complex children proceedings; this includes matters concerning international relocation, parental alienation and non-accidental injuries."Legal 500
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"I have had Nelsons...supporting me for two years, and I can't thank Melanie Bridgen, Kate Warner and Katy Swinbourne enough for helping me get custody of my children, it has been a long heartbreaking tough court case. Melanie Bridgen is a top-class woman and I highly respect her for what she has done for me and my children...Melanie has reassured me though out the whole proceedings, so...if you ever need a solicitor for children I wouldn’t go anywhere else. Thank you very much, Melanie, and...Nelsons..., you helped me get through a different process and get my children into my care and have full custody."Client Feedback
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