There are a small number of cases which arise whereby a child is to be made a ward of the court. This blog sets out what wardship is and what grounds apply for a child to be made a ward of the Court.
What is Wardship?
This is the name of the type of proceedings when a child is made a ward of the Court. In essence, this means that the Court becomes the legal guardian of the child. As with legal guardianship, this ultimately means that the Court will have parental responsibility for that child for the period of time that the child remains a ward of the court. This means that the court has ‘all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.
Who can be made a made a Ward of the Court?
A child under the age of 18 can be made a ward of the Court. Wardship proceedings only apply to children who are British citizens and physically present or have habitual residence in England and Wales. Applicant cannot be made in respect of any unborn child.
Who can apply for wardship?
- The child
- Any persons with a genuine interest in or in relation to the child without having to seek the courts permission.
- The Local Authority
When will a child be made a ward of court?
Wardship proceedings are uncommon and will only be granted in serious, complex or unusual cases. Such proceedings should only be initiated in exceptional circumstances and where the Children Act 1989 does not apply. In such circumstances the Court can exercise its inherent jurisdiction to make any Order or determine any issue in respect of the child.
Examples of cases where wardship proceedings may arise:
Child Abduction
Such proceedings can be useful where a child has been wrongfully removed from the jurisdiction to certain countries. Obtaining an Order from the High Court can carry great weight in the country to which the child has been wrongfully removed and can also assist in having the child returned to the UK.
International Cases
A child may be made a ward of the court wither there are disputes concerning a child where there is an international element.
Risk of Danger/Harm
Often such proceedings are initiated where a child has been removed from their parent or the child is vulnerable, subject to a safeguarding risk or exposed to some form of danger. The child will be made a ward of the court to ensure that the child is safeguarded and looked after.
Medical Treatment
Wardship proceedings can be initiated where there is a case of disputed medical treatment for the child or emergency medical treatment, often involving life and death decisions
Forced Marriages
Such proceedings can be used to protect a child who may be subject to a forced marriage.
How Nelsons Can Help
Rina Mistry is a Senior Associate in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children’s law, international family matters and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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