Established in 1982, at Brendan Fleming Solicitors we specialise in Family Law, offering our clients expert legal advice in both Public and Private Law matters, including Care Proceedings, Non-Accidental Injury, Divorce & Children’s Proceedings and issues with Social Services.

 

Contact Brendan Fleming Solicitors by emailing info@brendanfleming.co.uk or by calling 0800 246 5147

 

Contact our Non-Accidental Injury Department on 0800 246 5147 or 07730 143 432. If it is out of hours, you can call our staffed 24 hour helpline on 0121 683 5000. Alternatively you can email us on help@nonaccidentalinjury.co.uk

Our Location

165 Newhall Street
St. Paul’s Square
Birmingham B3 1SW

 

0800 246 5147

 

info@brendanfleming.co.uk

 

Children and Families Act 2014

The Children and Families Act 2014 came into effect on 22nd April 2014 and has led to changes in both public and private law proceedings.

 

The Family Justice Review recommended substantial changes to speed up care proceedings, to help family justice operate better as a system and to help divorcing or separating couples avoid the need to undertake court proceedings.

 

The key aspects of the Children and Families Act 2014 means that the piloted 26-week timetable for care proceedings is now statute and can be extended for up to 8 weeks at a time as long as the Court can be satisfied that the extension is necessary to enable the Court to resolve the proceedings justly.  Each application to extend the proceedings must be made to the court.

 

Interim Care Orders and Interim Supervision Orders are no longer renewed after every 28 days and will, if granted, last for the duration of the proceedings pending a final decision from the Court or until further order of the Court.

 

The Court is now only required to consider the permanence part of a child’s Care Plan when making a Court Order and do not have to consider the rest of the Care Plan. This is bolstered by the introduction of foster to adopt placements where the Local Authority is encouraged to place children with already approved prospective adopters where they are considering adoption as a possibility for a child.

 

Instruction of experts within care proceedings is only to be ordered if necessary to resolve the case justly and there is no other expert already involved within the case that could realistically provide this information to the Court.

 

The Children and Families Act 2014 also saw reform to the provision for post adoption contact and inserted Section 51A into the Adoption and Children Act 2002.  This allows for those with leave to make an application for contact with a child post adoption taking place. This provision does however also allow those adopting a child to apply for an order to prevent post-adoption contact taking place.

 

For private law proceedings, the Children and Families Act 2014 has seen Contact and Residence Orders change to Child Arrangements Order where a child will either live with and/ or spend with the non-resident parent. Parents wishing to make an application for a Child Arrangements Order are now required to attend a Mediation Information and Assessment Meeting (MIAM) prior to the matter going to Court to see if the issues can be resolved outside of the Court arena.

 

The emphasis was also placed on the Court now taking the view that the child should have both parents in their lives where it is safe and consistent to do so. Should either parent breach a Child Arrangements Order consideration will be given to imposing activities designed to make them understand the importance of complying with Court Orders and making them work.

Contact Us In Confidence

Arrange a consultation – 0800 246 5147. Or email us at info@brendanfleming.co.uk