Child Custody Matters
The client is navigating a child custody and protection issue involving their child, who has been living with another party since 2020 and is presently in protective care. The client expressed that they did not plan for the child to return to their custody, as they intended to place the child in care independently. The details of the legal arrangement and the client's rights and obligations are yet to be fully clarified through forthcoming information.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal rights and responsibilities regarding my child being in care?
As a parent of a child in care, you retain certain legal rights and responsibilities, including the right to be informed about significant decisions regarding your child and to maintain contact unless otherwise ordered by the court. You may also be required to provide child maintenance. It is important to engage with the local authority and attend related meetings to stay informed about your child's care plan. Reviewing relevant legislation may provide detailed guidance.
How does the local authority's decision to place my child in care affect my parental rights?
When a local authority places your child in care, your parental rights may be shared or limited depending on the nature of the care order. While the local authority assumes some parental responsibility, your rights are not terminated, and you remain entitled to be consulted regarding significant decisions related to your child's welfare.
What steps can I take if I agree with the decision to keep my child in care, and how can this be formalised legally?
If you agree with the decision to keep your child in care, you can provide formal consent through a voluntary accommodation agreement. This involves collaborating with the local authority to ensure your child's needs are met during their time in care.
What is the process and criteria for a child to be placed in long-term care or adopted, if this is something I want to pursue?
To pursue long-term care or adoption, the local authority must conduct an assessment through care proceedings. The welfare of the child is the primary focus, and you can express your wishes during these proceedings.
What kind of contact arrangements can I expect or request while my child is in care, and how can these be adjusted if needed?
You can generally expect some form of contact with your child, which may include visits and communication. The specific arrangements depend on the care plan set by the local authority and can be modified based on discussions with them.
Do I have to have a solicitor to fully give up my child, and do I have to go to court?
While having a solicitor is not mandatory when agreeing to your child being in care, legal representation is recommended to ensure that your rights are protected. Court involvement is necessary as it oversees parental responsibilities and care arrangements.
Can I get a free solicitor?
You may be eligible for legal aid, which could provide you with a free solicitor if you meet specific criteria, such as low income.
What if the person my child was staying with faced legal issues for neglect - is it my responsibility?
It is not automatically your fault if the person your child was with faced legal issues for neglect. However, you have a duty to ensure your child's well-being and may be assessed on your parental responsibilities.
