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Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
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Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Care proceedings are a type of court proceedings issued by a council which involve applying for a ‘care order’.
A care order is a type of court order which gives the council parental responsibility for the child in question. A care order enables a council to take a child into care. Having a care order will result in the council being able to decide where the child can live.
As well as a care order, the council may also decide to apply for a placement order as part of the care proceedings. They would do this if they believed that adoption of the child should take place.
A placement order gives the council the right to put the child with adoptive parents.
If the council believes that the child is being neglected, or abused (or is likely to be abused) by their parents or other people that the child knows, this could result in them commencing care proceedings.
Care proceedings normally only begin after all other avenues of keeping the child within their family have been exhausted.
However, care proceedings can start much earlier on if the level of risk to the child is high.
When the council applies for a care order, it is up to the court to decide if the child can be taken into care.
The Children Act 1989 says that the court can only make a care order (or supervision order) if it is satisfied:
“(a) that the child concerned is suffering, or is likely to suffer, significant harm; and
(b) that the harm, or likelihood of harm, is attributable to—
(i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or
(ii) the child’s being beyond parental control.”
Care orders can last until another court order gives parental responsibility to someone else. This could happen if a child were adopted, for example.
It is also possible for a court to discharge (lift) the order.
A care order would come to an end on a child’s 18th birthday.
Care proceedings: what are interim care orders?
The council may ask the court for an interim care order at the start of care proceedings. This is a type of temporary court order which, if the court decides it is appropriate, enables the council to temporarily take the child into care.
Care proceedings can take time because a lot has to happen before the court can make a decision about what is best for the child.
Lots of information needs to be gathered and assessments need to take place, before the court can make a final decision about the care proceedings.
For example, during care proceedings, Cafcass (Children and Family Court Advisory and Support Service) will have an officer working to try to understand the facts of the case. Care proceedings involve Cafcass (and others) talking with the parents and the child.
As part of care proceedings, family members may be contacted about looking after the child if that child is unable to live at home safely.
You should expect a social worker and Cafcass to prepare reports for the court during care proceedings, which detail what they believe should happen to the child.
In some circumstances, grandparents can also ask for the court to take their opinions into consideration.
Cafcass allocate a Children’s Guardian to represent the child during care proceedings. This person is independent from the court (and the council).
It is their role to choose a solicitor to represent the child. In addition, they will make recommendations to the court throughout the process and inform the court what they believe would be in the child’s best interests.
During care proceedings, a Cafcass Children’s Guardian will normally spend time with both the child and their family. Sometimes, a Children’s Guardian will also want to speak with other people in the child’s life, such as their teacher or social worker.
When the reports are all ready, a court hearing will take place. During this part of the care proceedings, the judge will listen to everyone involved, including the parents, the child, the solicitors and Cafcass.
After the judge has heard what everyone has had to say and read the reports, they will decide whether or not the child can go back home. If the judge decides at this point in the care proceedings that it is not safe for the child to return to their home, the council will find them a new home.
This could be, for example, with another family member, a friend or a foster carer. Sometimes, it will be appropriate for the child to be adopted.
The family court deals with care proceedings.
The length of time care proceedings take can vary greatly depending on the complexity of the case. Care proceedings normally take up to 6 months. Sometimes, care proceedings can take even longer than this if the case is particularly complicated.
Find a solicitor to help you navigate care proceedings
A family solicitor, such as Austin Kemp, can guide you through what can be a very long and complicated process and can represent you at court. If you discover care proceedings are going to begin or you receive papers from the court to notify you that care proceedings are starting, get in touch with us as soon as possible.
Our expert family law solicitors can help you with a range of legal issues relating to care proceedings, including:
For more information call our divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4BY
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.