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.
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.
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.
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.
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.
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.