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The Legal 500

Care Proceedings and Problems with Social Services Frequently Asked Questions

Expert Care Proceedings Advice

If you’ve been contacted by Social Services because they have concerns about your child, it is essential that you seek advice straight away. We are here to help you with Care Proceedings advice at this challenging time.

Unfortunately, some parents or guardians may be investigated by social services if there are concerns about how they are looking after their children.

If you’ve been contacted by Social Services, you may be worried and upset. You may want to know what your rights are and what you should do next.

It is vitally important to seek urgent 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. Do not take the risk, our specialist team would be able to represent you at short notice and support you through this process.

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Legal Aid Available

If you receive a PLO Letter (Letter Before Proceedings) in relation to your child or a child for whom you have parental responsibility you are eligible for Legal Aid to pay for the full the cost of a solicitor advising you before a meeting and also to attend the meeting with you.

This form of Legal Aid is available regardless of your financial means and you will not have to contribute anything towards the cost.

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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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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.

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