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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son lost contact with his child after a long battle to get access .. long story but inv

Customer Question

my son lost contact with his child after a long battle to get access .. long story but involved her making lots of false allegations so he walked away from it all. but now he has had a letter to say he needs to attend court as a care order has been made for his son ... does this mean he can finally get access without her interference even after two years ?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
A care order means that the Local Authority are concerned about the child's care and they have asked the court for an order so that they can share parental responsibility. If your son hasn't previously been informed about the local authorities intention to bring care proceedings then something must have happened that has caused the local authority to be so concerned and act quickly.
Your grandchild could currently be in foster care.
Your son has to be involved in care proceedings as they decide the future care of his child. The local authority could ask the court to place your grandchild permanently outside the family. If the child is under 5 they may also seek a permanent plan of adoption.
As care proceedings have commenced and your son is the father then he will automatically qualify for free legal aid. Your son needs a specialist child care solicitor immediately.
The local authority will have to complete an assessment for your son to see if he can care for your grandchild. If you also want to be assessed to care for your grandchild then you should contact social services quickly and tell them as they have a duty to assess family members as alternative carers also. It is important that you also attend at the first court hearing and tell the Judge you want to be assessed as a carer. If there are any other family members who could also care then tell social services about them aswell.
The local authority have a duty to promote parental contact whilst a care order is in place and your son will be offered contact sessions. There will be a contact planning session that your son will need to attend.
Kind Regards
Caroline
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Customer: replied 1 year ago.

Thank you. The letter came completely out of the blue today and we do not want to get our hopes up again. He is seeing a solicitor on Monday but needs to be in court on Wednesday. There is a pack about the case that he can not see until then but we are not hopeful on the free legal aid as he works and this was a problem last time as his ex gets legal aid and he did not qualify

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Don't worry about the legal aid - it is free for these types of proceedings for parents so he will get legal aid automatically.
Also make sure you get the list together of all family members who are willing to care - it's really important this is done quickly so that they can also be assessed.
Kind Regards
Caroline
Customer: replied 1 year ago.

Thank you for your advice it was spot on Smile

Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome
I wish you all the best
Kind Regards

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