Care Proceedings refers to when the Local Authority, that is Social Care and their lawyers, make an application to Court in respect of children. The Local Authority will be arguing that the children are suffering or likely to suffer significant harm due to the care that they are receiving from their parents / others or that the child is beyond parental control.
These are complicated Court proceedings, likely to last in the region of 6 months. There will be several Court hearings. You will need to provide a response to each of the allegations the Local Authority are making, and prepare a statement setting out your position in the case. This should include what you say about what should happen to the children now and in the long term.
The Court will look at all options of where children can live and who can care for them. The priority is to see if children can stay or return to the care of their parents safely. If this is not possible then the Court will look at whether they can live with a close family member or friend. If this is not possible then the Court will look at the options such as foster care or adoption.
Final decisions will not be made until the end of the Court case, but even at the first hearing the Court can make the decision to remove children from their parents’ care, and to make Orders where the Local Authority share parental responsibility for children.
It is therefore extremely important that as soon as you are notified that the Local Authority are, or may be thinking about, issuing care proceedings in respect of your children, that you contact an expert family law solicitor immediately.
Call our team today on 0113 284 5000 or email family@isonharrison.co.uk.
