18 St. Saviourgate, York, North Yorkshire, YO1 8NS Tel: 01904 655555

Child Care

At Harland & Co we have two very experienced solicitors in our family team who specialise in a variety of cases relating to children.

When Social Services are involved with your children

You may be a parent, step-parent, grandparent, aunt or uncle with concern or responsibility for the care of a child. If you are a child there may be a court case involving you about which you need advice.

In certain cases, a local authority can apply to a court for an order that a child be placed in the care of a local authority or, alternatively, under their supervision. However, a court may only make such an order if it is satisfied that the child concerned is suffering, or is likely to suffer, significant harm.

Even where the court is satisfied that a child is suffering significant harm, an order will only be made if the court finds that the harm is caused either because the child is beyond parental control or that the care the child is receiving from the parent is not what it would be reasonable to expect a parent to give.

These are obviously very serious matters. Harm to a child can be caused in many ways, whether it be physical or mental harm and can be the result of sexual abuse, physical harm, other forms of ill-treatment. Children can also be harmed by seeing or hearing ill-treatment of others.

It is important that you get advice at an early stage from an experienced Child Care solicitor. We will provide you with advice and assistance, negotiate with the Local Authority and represent you at court where this is necessary. We will give you advice on the role of experts and other organisations, such as the Children and Family Court Advisory and Support Service (CAFCASS), in assisting the courts to make decisions about the best interests and care of the child.

Adoption

Specialist advice is available regarding adoption from Lucy Worthington and Julie Simpson.

Under the law of England and Wales, adoption is the legal process whereby the adopter becomes in law a parent of the adopted child; a child can be adopted by a single person or by a couple (whether married or in a civil partnership or not and whether of different gender or of the same gender).

Adoption is a highly complex area of the law as it can take place in a number of circumstances.

Advice may need to be sought regarding adoption of a child by his or her step-parent.

Alternatively, a decision often needs to be made about the future adoption of a child at the conclusion of care proceedings or shortly afterwards.

In some cases, children who cannot live with birth parents can be adopted by relatives or, alternatively, special guardianship may need to be considered.

Finally, advice can be sought regarding children to be adopted abroad and other international adoption issues.

Advice is also available regarding post adoption issues, such as, contact following adoption.