Care proceedings

BHP Law provide child care proceedings advice and other child care law advice from accredited child care lawyers. Our child care lawyers are child centred, proactive and give child care proceedings advice in the most trying and stressful circumstances.

Local authority child care intervention legal advice

On occasions it becomes unclear whether a child or children are being afforded the care and nurturing they deserve by their immediate and extended family.

In some cases the State (usually Local Authority) steps in and asks the Court to consider the welfare of the children and whether there is a need for a protection plan, which, at its extreme would mean the children being placed out of parents’ care with approved foster carers.

Where there is Local Authority intervention a parent may have already attended a Child Protection Conference where a number of professionals have met with parents, and often child care legal advisors, to share and resolve concerns over the child(ren).

The authority should not be removing or attempt to remove children from their primary carer unless there is clear and compelling evidence the child’s welfare demands it.

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There are a number of ways an authority can help a parent provide what is called “good enough parenting”. An Authority has a legal obligation to help any “family in need” when that intervention and assistance may fulfil such needs. This would include the provision of:

Counselling
Parenting courses
Funding (essential equipment)
Advice and assistance
Written agreement (where Local Authority/parents and extended family agree to a plan to promote the welfare of the children).

This list is by no means exhaustive and, essentially, the test is one of “need” in circumstances where the Local Authority can bridge any gap.

Although the Local Authority can remove children for limited periods, they ultimately have to justify their actions to the Court and so early legal advice in all such cases is strongly advisable.

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