What Are Care Proceedings?
If the council “Local Authority”, is concerned about the welfare or safety of a child they can issue what are known as care proceedings. They can apply for a care order, and if this is granted the Local Authority will obtain “parental responsibility” and be able to determine issues, such as where the child lives.
At the end of the case they might also apply for a placement order, if they think the long-term interests are best met by adoption.
Parental Rights During Care Proceedings
If care proceedings are issued in relation to your child it will be a daunting, confusing time for you. You may be wondering what your rights are, especially if you are a father not named on the birth certificate, not in a relationship with the other biological parent or have not seen the child for some time.
As a biological parent to the children involved in proceedings you are entitled to be a party to proceedings, be represented in Court and you will get legal aid to ensure your legal rights are protected, so that you can have your say on what you think should happen with respect to your children.
Do I Need A Solicitor?
Care proceedings involve complex Court proceedings centred around the welfare of children which will have lifelong implications for them. You will most definitely need a solicitor for this.
Will It Be Expensive?
No, as a parent in proceedings for a care order or a supervision order you will be entitled to full representation paid for through legal aid. This means you would not have to pay anything towards your solicitors or barristers fees, regardless of your income.
How Nelsons Can Help
Melanie Bridgen
is a Partner in Nelsons’ Family Law team.
If you would like further advice in relation to this subject, please contact one of our expert care proceedings team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via the online form. We can help you in court and respond at short notice.