Care Proceedings and Adoption

Care Proceedings

The Police and the Local Authority have special powers allowing them to remove children if they believe a child is likely to suffer significant harm . When these powers are exercised the parents can be left feeling confused and bewildered. When a childcare case goes to Court, the child itself can only be represented by a solicitor who has been appointed to The Law Society's specialist "Children Panel" such as our own Carolyn White.

Parents are also entitled to representation in court without consideration of their financial situation because of the serious nature of these proceedings.

We also advise family members who are concerned about a child who has been taking into the care of the Local Authority and in some circumstances may be able to make an application to the court to allow that person to become involved in the childcare proceedings.

Adoption

Adopting a child is a major commitment. Adoption means that you become the child's parent(s) with all the legal responsibilities that entails.

Most adoptions are not opposed, but sometimes a child's natural parents or step parents will wish object to the adoption of a child. Our Childcare specialists are experienced in dealing with contested adoptions, so if this applies to you we would recommend that you speak to us without delay.

The process of adoption is governed by the Adoption Agencies which have an obligation to satisfy themselves that the prospective adopter is a fit and suitable parent. You have to be at least 21 and whilst there is no upper age limit it is generally thought that there should not be an age gap of more than 45 years between the parent and the child.

If you wish to apply to adopt then be ready to undergo a medical examination and a police check. Disabled applicants are welcomed by the agencies and a criminal record is not a bar, unless the offence involved children. Adopting a baby can be a little more complicated and prospective parents are generally expected to be within the 25 to 35 age range.

To begin the process you should first approach one of the agencies such as Bernado's or your Local Authority. A specialist Adoption social worker will be assigned to your case, responsible for assessing your suitability as a parent. The assessment can take between 6 and 9 months, but beware that if you wish to adopt a baby there is a very long waiting list. The final decision is made by an adoption panel and you have the right to appeal against the panel's decision if you are refused. However, once approved the "matching" process can begin which is designed to team you up with a child that is best suited to your particular circumstances. The final step is for a formal application to be made to the court for an Adoption Order. The hearing for uncontested adoptions will normally be short and funding for your legal costs is available.

If you are thinking of adopting then we can offer you the benefit of our knowledge and experience to help you along the way.

Alternatively, if you wish to contest an adoption then you will certainly need the very best specialist legal representation. To find out where you stand and for details of public funding eligibility call our free legal adviceline.