What type of care orders can be made regarding children? What are my rights to see my children?
The enormity of caring for your children is huge and impacts every aspect of a parent’s life. Because of this, we have dedicated various articles to this topic. Above all of our achievements as family law solicitors, we are most proud to hold the title of expert child law solicitors
Our previous articles that you may find of interest when facing access right disputes are as follows:
- What are my parental rights?
- What happens when I cannot reach an agreement with my ex about the children?
This article will focus specifically on the role of care orders and the options that can be granted, depending on your domestic situation.
Reiterating our first words of advice for family disputes
We’re always sorry to hear you find yourself in a difficult dispute with a previous or current partner, especially when those involve children. As a family law firm, we always urge you to try to amicably discuss your options moving forward together. This could occur through mediation or having somebody you both trust involved in any conversations. However, we’re aware this isn’t always a possibility, for many reasons. Therefore, it is when parents cannot resolve an issue that the law and potential care orders become intrinsically involved. Especially when it comes to safeguarding the health and wellbeing of your children, your priority as parents must always be doing the right thing for your children.
A side note
Similar to our article dedicated to Grandparents and legal rights, the purpose of this article is to walk you through your rights as a parent, specifically involving care orders and explaining the nature of a care order. As we have stated many times, there is rarely a ‘one size fits all’ approach, as every domestic situation is different. We will outline the law and any accompanying information you need to know.
What is a care order?
A care order is an order given by a court. It involves the local authority (council) in which you live having the legal right to remove a child from your care. In cases of care orders, the local authority is given parental responsibility over your child and therefore shares it with the birth parents, until a final decision is reached via the court. It’s important to note that in some care order situations, the local authority can exercise parental responsibility beyond that of the current parental responsibility holders (the birth parents). This means the local authority can take over overall responsibility and make all future decisions solely, without that of the birth parents. This will only occur when the health and well-being of the child are at substantial risk.
Care orders will occur if the council have a strong belief (with evidence) that your child is suffering or is at risk of any significant harm. This was made possible through the introduction of the Children Act, of 1989.
The court then decides whether or not the child will be taken into care, hence how a care order is deemed a legal matter.
Details of a care order
When care orders occur, we’re often asked for more detail, regarding the duration, parental responsibility and other terms and conditions of the order.
The care orders are in place and last, until the following conditions are satisfied:
- The child’s 18th birthday (when they are legally classified as an adult)
- Through adoption or special guardianship, parental responsibility is granted to another person
- The court discharges the order (meaning it has been lifted and is no longer in place)
Interim court orders
As care orders and proceedings can be ongoing for some time, the court can make a temporary (interim care order). This then places the child in a temporary care situation, under the care of the local authority and within their supervision. The threshold criteria have to be met for the court to suitably implement an interim court order. The interim court order can last up to eight weeks and will be frequently reviewed. When an interim care order is in place, the local authority assumes parental responsibility for the child.
Each case is an individual
Each care order case is treated completely individually, as every family situation is different. This is why the length of care orders and the proceedings vary with each case. As a general rule, the court proceedings may take anything up to 26 weeks to decide on any final outcomes.
During the investigative timeframe of each case, a social worker, an officer from (Cafcass) The Children and Family Court Advisory and Support Service and other professionals will assess the case and identify the causes of potential harm and risk to the child.
It is during this process that both your child and you as parents will be talked to. Other family members, friends and your child’s teachers will also be talked to. Support will be available for everybody involved at every stage of the process.
We understand that care orders can feel like a frightening, overwhelming process. This is why we’re always here to help and support you through the process.
For further information on care orders, visit the Citizens Advice Bureau. There is also specialist advice that may be helpful for you on Family Rights Group (FRG.org). There is also a dedicated free advice helpline that you can call on 0808 801 0366.
Support at Higgins Miller Solicitors
If you find yourself facing a care order, or have questions regarding your parental rights, please feel free to give us a call on 0161 429 7251 or if you’d prefer, you can email us at [email protected]. We treat all enquiries with the utmost confidentiality and offer impartial, honest advice. We are here to listen and impartially guide you, in order for you to find the best resolution for you and your personal situation.
Through our honest, transparent costing system, you have complete prior knowledge, so worrying about potential legal costs can be crossed off the current to-do-list!
Depending on your situation, we are also in a fortunate position to work with the Legal Aid Agency so for those cases where legal aid is available, we are able to offer legal aid. For those not eligible for legal aid, we strive to ensure our prices are always affordable and all of our family law services accessible.
We look forward to assisting you with your ongoing legal matters soon.