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Care Proceedings

At Banner Jones our work with children includes care proceedings brought by the Social Services. Social Services may tell you that they are going to start care proceedings, but if they do not you will find out when you receive a notice from the court telling you when your first care proceeding is and where it will be held.

Care Proceedings Advice

The people who hold the parental responsibility of the child have the right to decide how a child is raised and cared for.

Generally, we represent parents and children in care proceedings but sometimes we represent grandparents or foster parents. Our approach is to focus on the welfare of the child and to help you understand how the Courts make decisions in these types of cases.

We cannot stress how important it is to seek advice from specialist family lawyers who have experience even if you believe you can handle the situation. Circumstances can change quickly and the local authorities and social services can apply to the court to overrule you as a carer for your child.  This would only happen on the ground that they believe the child is at risk of harm in their current home however the family courts do not take risks and may give power to the local authority even if it is a provisional basis. Do not take the risk our specialist team would be able to represent you and support you through this process.

Care Proceeding Experts

Several of our care solicitors are on the Law Society's Children Panel. Only solicitors who meet the Law Society’s exacting accreditation requirements are permitted to join the Children Panel and represent children in public law care proceedings. Your skills, knowledge and experience are rigorously and independently assessed in order to achieve this accreditation status. This means that you know you are dealing with the very best.

Our experts in care proceedings can provide you with support and guidance throughout the care proceeding's process.

We have offices in Chesterfield, Sheffield, Dronfield, Mansfield and Nottingham.

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Frequently Asked Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different.   If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for Divorce?

There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.

My aunt only has one bank account. Can I deal with this on her behalf?

If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.

What am I entitled to in a divorce? Can she take me for every penny?

No.  Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair.  Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work.  Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

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97% of our clients would recommend us to a friend
(Ongoing Client Survey)

Thankyou Helena Downing for all your excellent service.

Mr & Mrs W, Alfreton

The family department at Banner Jones have just completed the legal arrangements in respect of my divorce. The service I received was exemplary and I wanted to write to you to let you know this. I have been pretty constrained in relation to availability to meet and most of our business has been done over email which I appreciated. Responses have been very timely, updates provided regularly, deadlines hit and fees reasonable. I contrast this with the service provided by a large law firm in Sheffield in the early part of the year and your approach and that of your staff to customer services, in my view, sets your firm apart. Your firm came to me through personal recommendation by a friend and I shall be happy to do the same. Thank you again.

Mr C, Sheffield

Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.

Mr P Sheffield

We would like to thank our solicitor acting for us Richard, he did a great job and was very easy to speak to and very friendly. Extremely professional and we would use him again in the future.

Mr & Mrs S, Sheffield

Can’t thank Mr Dawes enough for everything, and for explaining things to me. Lovely man. Would use the company again. Friendly, nice, understanding and on time for appointments too.

Ms J, Mansfield

Helena I would like to thank you from the bottom of my heart for believing in us. Without you I don't know what we would have done. 

Mr & Mrs R, Chesterfeld

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.

Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.

Miss H, Nottinghamshire

Talk to our friendly team today on: 0330 017 6309

Helena Downing
Helena Downing
Head of Care
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