Children
We are one of the largest childcare firms in the Midlands. Working in conjunction with our family department, we are committed to supporting children and parents when they go through legal processes.
Our work is headed by Peter Baldwin, a partner of the firm. Julie Bevan is a qualified barrister and solicitor and a member of the Law Society's Family Law Panel and Children Panel. Julie joined the firm in 1987 and has extensive experience of representing parents and children in care proceedings. Alan Bean is also a member of the Family Law and Children Panels and is a former practising barrister. His particular areas of expertise are advising children and foster carers on their rights and handling matters that involve the Official Solicitor. Peter, Julie, and Alan are supported by a paralegal, all thoroughly experienced in their area, having dealt with literally hundreds of clients over a wide range of family legal problems.
A quick overview
- The welfare of the child is paramount.
- A birth mother automatically obtains parental responsibility. As the law stands at present, the father only obtains parental responsibility, that is the automatic right to care for a child, if firstly they are married. If not he obtains parental responsibility if:
- he has a parental responsibility agreement with the mother;
- the court makes an order providing for parental responsibility;
- he has a residence order;
- he adopts the child;
- he subsequently marries the mother.
- The Adoption and Children Act will give parental responsibility to a father who becomes registered as the child's father.
- The welfare checklist provides a list of factors to be taken into account by the courts when making decisions about children.
- Testamentary guardians can be appointed, for example, by a parent to designate who they would like to be the child's carer on the death of that parent.
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What are my rights as a child?
Did you know that:
- if you have lost touch with, or are likely to lose touch with, a brother or sister you may be able to ask a court to give you contact?
- in some cases you can refuse to be examined by a doctor?
- in some cases you can have your own solicitor to put forward your point of view to a court?
- you can apply for compensation if you have been abused?
- if you are being looked after by the local authority rather than your parents, you do have a right to complain? We can help you with your complaint and supply you with the social services' department complaint form if you wish.
- We can help you with any of the above matters to make sure your rights are respected. Of special interest are a right to a fair trial/hearing and the right to respect for private and family life.
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What are my rights as a parent?
Parents have significant rights under the law:
- to determine where a child should live, who can have contact with the child and other issues affecting the child's welfare.
- where there are child protection concerns and social services get involved. For example, if a child protection case conference is called, the parents have a right for their views to be heard at such a conference.
- if the courts are involved under the Children Act or Adoption Act. Only courts can remove the most fundamental legal rights of a parent, such as parental responsibility, where the child should live and parents' right to see the child.
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What are my rights as a grandparent?
Grandparents:
- can often tell when things are going wrong in their grandchildren's lives;
- often suffer badly in conflicts between the parents of their grandchildren;
- sometimes find themselves completely cut off from their grandchildren;
- sometimes find themselves with divided loyalties.
If you are a grandparent, did you know:
- you can, with permission of a court, apply for contact with your grandchild?
- when things go wrong, you ought to be consulted for your views?
- when things go wrong, you may well be thought to be the best people to look after your grandchildren, at least in the short term?
- if social services are involved, they are obliged to see if you would be a suitable carer for the child?
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What are my rights as a foster carer?
As a foster carer you may want independent advice about how the social services or even a private fostering agency treats you. Problems which can arise include:
- feeling that you are not being given the full picture about the past problems of a child placed with you;
- worries about whether a past conviction of a member of your family might be thought of as relevant to your fostering;
- worries about the plans being made for the child you are looking after;
- wanting to look after a child permanently, against the wishes of the local authority;
- the threat of being de-registered as a foster carer.
- We can advise you about all legal aspects of these situations.
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What are my rights as an adopter?
The current law is set out mainly in the Adoption Act 1976, although there are changes afoot in the Adoption and Children Bill as well as the publication of National Adoption Standards (currently in draft form).
Our team of adoption solicitors is headed by Peter Baldwin, legal advisor to Adoption NCH (Midlands), a Trustee of Adoption UK and until recently a Director of the British Agencies for Adoption and Fostering.
- If you would like to adopt a child, you should contact your local social services department or one of the recognised independent adoption agencies who will tell you about the careful vetting and training of prospective adopters.
- If you have been approved as an adopter, the local authority placing the child/children with you for adoption may be able to pay your costs in hiring an independent solicitor to take you through the legal process, particularly if the birth parents do not agree to the plan for adoption.
- You are strongly advised to contact a solicitor who is a member of the Law Society's Children's Panel and who has experience of adoption work. Our team is very happy to point you in the right direction in these matters.
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Help for children's guardians
Children's Guardians are now able to refer cases back to court if vital elements of the care plan approved at a final hearing have not been implemented. At last children have the benefit of a possibility of their care plan being reviewed by the court. For the role of the guardian in this process, please ask for a copy of our letter to guardians dated 30 May 2001.
- We have three members of the Law Society's Children Panel available to represent children and, providing there is no conflict, other parties in public law cases. We are able to offer specialist advice in adoption matters.
- Our solicitors who are members of the Law Society's Children Panel are:
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The role of the Official Solicitor
The Official Solicitor's role in representing children in court proceedings is well known through high profile court cases such as the "Internet Twins". Much of the work that he used to do with children has now been taken over by CAFCASS (see www.cafcass.gov.uk) but he still has a role in representing parents or other adults in care proceedings who are suffering from mental illness. The Official Solicitor may be appointed in conflicted cases to represent the child's view in court in cases where the child's parents feel they have to resolve their difficulties over the child's well being through the court.
For further information please contact Peter Baldwin on +44 (0)121 212 7413 or email peter.baldwin@anthonycollins.com
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