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CHILDREN
There are a huge number of legal issues that concern children.
If you feel that you have a legal query then a free half an hour
interview with one of the specialists in our Family Department will
hopefully assist in determining what the problem is and whether
we can help you to sort it out.
The Team
All of our 7 strong Family Team undertake work concerning disputes
relating to children. Alan Brookes and Lindy Stephens and Ian Scofield
are members of the Law Society Children Panel and as such are considered
to be experts in areas of PUBLIC children law.
Funding
Any parent whose child is removed from their care by the Local Authority
is entitled to receive free legal advice and representation regardless
of their financial status. Our costs are paid by the Legal Services
Commission (which is a Government body and the costs are met from
public taxes)
Legal Advice and representation at Court in respect of other children
matters may well be financed by the Legal Services Commission, but
the client will need to prove that they are financially eligible
and for Court applications that they have a case which merits being
funded. (The solicitor will advise the client at interview)
CHILDREN LAW IS BROADLY DIVIDED INTO TWO CATEGORIES PRIVATE AND
PUBLIC
PRIVATE
Private children law embraces most disputes over children between
family members. (Most commonly mothers and fathers)
The main piece of legislation that governs this area is the Children
Act 1989. Areas of work covered include the following:
(1) Contact disputes-this is usually where one parent is pursuing
an increase in contact with their son or daughter or for contact
to be resumed because there has been an argument with the other
parent and contact has broken down.
Contact can include both visiting and staying contact (eg where
the child stays overnight)
(2) Residence Disputes- This is where there is an argument as to
where the children should live
(3) Prohibited Steps- This is where one parent wishes to stop the
other from doing something with the child eg moving out of the area
or jurisdiction or changing the child’s school.
(4) Specific Issue-This is where one parent requests something
very specific should occur eg that a child should be known be a
certain name.
PUBLIC
Public children Law usually involves, in some way or another, the
Local Authority (eg Plymouth City Council, Torbay Council or Devon
County Council ) Most of the disputes are governed by the Children
Act 1989 or the Adoption Act 1986
Alan Brookes and Lindy Stephens specialise in this area of law and
are experienced in representing parents whose children have been
removed from their care by the Local Authority/Social Services department
, or for children themselves who have a right to their own separate
representation.
Children are usually represented as well by a Children’s Guardian
who are senior social workers who are appointed by the Court and
look after the welfare and best interests of the children “
in Care” The Guardian is completely independent of the Local
Authority and Social Services department. The Guardian will appoint
a solicitor for the child/ren who will then represent the childrens’
interests in court
Children/Young people can sometimes however provide their own instructions
to their solicitor without a Guardian. The solicitor will assess
if the Young Person is able to do so.
Areas of work covered include the following:-
(1) Care Proceedings- where the Local Authority have removed or
seek to remove a child from their parent’s care.
(2) Adoption- where the Local Authority seek to “free”
a child form its parents care to be adopted by a new family.
CONTACT:
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