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The Legal 500

Care Proceedings

If you receive notice of care proceedings for your child it is essential that you take advice straightaway. We know that this can be a very worrying time and have experts in Chesterfield, Dronfield, Sheffield and Mansfield ready to help.

Care Proceedings in Chesterfield, Sheffield, Dronfield and Mansfield

Talk to Banner Jones. We are ready to help you.

What Should I do if I Have Received Notice of Court Proceedings?

If you receive notice of care proceedings in court for your child, it is essential that you take advice from a legal expert straight away. We know that this can be a very worrying and distressing time. It is important that you have every opportunity to achieve the best outcome for you and your family. Our expert Care Solicitors will help you understand what is happening at each stage of the process.

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Why have I Been Issued with Care Proceedings in Court?

The Local Authority may begin court proceedings following pre-proceedings meetings with Social Services under the Public Law Outline or PLO. Sometimes care proceedings are issued urgently and may involve allegations of injury to a child. Care proceedings may involve a child’s parents, but may also involve other carers for a child.  Third parties may be invited to intervene in court proceedings if allegations are being made of non-accidental injury or sexual misconduct.

Our team can represent you at short notice and we are able to advise you on your rights and argue how you may be able to safely care for your child.

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What are Non-Accidental Injuries?

When an injury to a child has been identified, either with no explanation or with an unacceptable explanation, it is likely that social services will become involved, and the Local Authority will start care proceedings against those with parental responsibility.

These injuries are described as a Non-Accidental Injury (NAI) and the term can be used widely for various types of injuries, often including:

  • Shaken baby syndrome
  • Broken Bones 
  • Smothering
  • Poisoning
  • Bruising
  • Infant death

Where a non-accidental injury is suspected, there are many issues that will need to be considered by all parties, and it is important to have experienced legal representation at this point.

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Legal Aid Available

Legal Help is provided by the Legal Aid Agency in some circumstances, subject to a means test. We are happy to have an initial discussion with you free of charge to discuss how we may able to help.

Legal Aid is always available for parents of children who are being taken to court by social services”. Find out more about Legal Aid.

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Why choose Banner Jones Family Law Solicitors?

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.

Our experts in public law care proceedings can provide you with support and guidance throughout the care proceeding's process. We are specialists in cases involving non-accidental injury and child neglect.

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Vince Beckworth leads the busy care proceedings team where he is highly regarded for his representation of parents, family members and interveners in children’s care proceedings

Legal 500

Talk to Banner Jones. We are ready to help you.

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Frequently Asked Care Proceedings 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. Our family law solicitors can advise on your specific circumstances. 

How soon can I file for a divorce?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage) Speak to one of our divorce solicitors to ensure you meet the legal criteria.
What am I entitled to in a divorce?

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. Our family law Chesterfield team can guide you through this process.

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. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved. 

Will we have to go to Court during our divorce?

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

Care Proceedings Resources

How to Make a Will

How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

Are Pre-Nups Binding?

Are Pre-Nups Binding?

Just how binding are Pre-nuptial Agreements in the British Courts? Well a recent ruling of the High Court on a French ‘pre-nuptial agreement’ pretty much spells it out.

What counts as Evidence that Children are at Risk?

What counts as Evidence that Children are at Risk?

The Legal Aid Authority will accept the following evidence of children being at risk of abuse outlined in our PDF article.

Care Proceedings Explained

Care Proceedings Explained

To find out more about Care Proceedings and how they work, read the article.

Children & Separation Guide

Children & Separation Guide

Getting through a divorce or separation is hard at the best of times but is often even harder when there are children involved in the relationship. Use our helpful guide for tips on explaining the situation to the children.

Divorce Survival Tips

Divorce Survival Tips

We’ve enlisted the help of some local relationship counsellors in Sheffield to provide you with some survival advice to help get you through a divorce.

Care Proceedings

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

Ms J, Mansfield

I would like to thank you in all you have done for me in respect of these issues and I will not hesitate to come to you for further advice as and when needed.

Mr C, Stanfree

Thankyou Helena Downing for all your excellent service.

Mr & Mrs W, Alfreton

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

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

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