Care Orders
Discharge Of Care Orders
The outcome of Court proceedings may include a final Care Order being made in respect of a child. If made, a Care Order will be in place until the child reaches the age of 18, unless the order is discharged (cancelled) beforehand.
If your child is subject of a Care Order, and you believe your circumstances have positively changed, you may be able to apply to the Court to discharge the Care Order (and if the child is in foster care – for the child to return home). As part of any application, the Court will assess the circumstances now against the circumstances at the time the final care order was made.
In any such application, the Court’s paramount consideration is the child’s welfare.
At Home Under A Care Order
It is important you are aware that, under a Care Order, the local authority can remove a child from their home without further Court proceedings. Whilst it would be expected for a local authority to give written notice if they ever intended on doing so, they do not have to.
If there is ever any suggestion to remove a child under the Care Order, our specialist team can help make the appropriate Court applications to try and prevent the local authority from doing so.
Contact With A Child In Care
Where a child is under a Care Order, the final care plan should stipulate contact between a child and their parent(s) and at times other family members.
If your contact does progress in accordance with the care plan, or if you wish for there to be a higher level of contact, you should first speak to the social worker and/or speak about this in the regular meetings held (called looked after child or child in care reviews). If contact still does not progress as hoped, you can consider an application for contact with a child in care.
Funding
Legal aid may be available for applications relating to care orders (subject to meeting certain criteria set by the Legal Aid Agency.) Our team will explore legal aid eligibility with you from the outset.
If you do not qualify for legal aid, we work on fees tailored to your specific needs, agreeing a fee structure with you directly with no hidden charges as your case proceeds. Costs are always discussed with you beforehand, and our team will provide complete transparency.
Accreditations
Contracted with the Legal Aid Agency.
Get In Touch
- info@brendanfleming.co.uk
- 0800 999 1408
- 165 Newhall Street St. Paul’s Square Birmingham B3 1SW
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