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Childcare Solicitors Leeds, Wakefield & Pontefract
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Laws relating to children are highly specialised. We at
JWP recognise that those involved in a court case concerning
a child, need good quality, expert representation and
advice. We pride ourselves on these qualities and have
a dedicated team of childcare lawyers with over 60 years
of experience between them.
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Childcare Solicitors FAQ's, Leeds, Wakefield & Pontefract
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Can
my child tell the court what he or she wants to happen
to them?
Yes but there is no statutory minimum age for this. It
will depend on the circumstances of the case and the level
of understanding of the child concerned. As a “rule
of thumb” it would be highly unusual for a child
under 10 years to have sufficient understanding of the
circumstances of his or her case and the implications
of the various outcomes of any Court hearing. Equally,
it would be unusual but not unheard of, for a young person
over 14 years to be considered to be of insufficient understanding.
Between these approximate ages there are many variables
to take into account. The solicitor will decide whether
he or she can take instructions directly. This decision
will be taken after very careful consideration and after
meeting the young person several times, speaking with
parents if appropriate or other carers, school teachers,
health professionals if they are involved and with Social
Workers. Also, the professional Guardian, if appointed
by the Court, will also contribute to the discussion but
it is the solicitor who will ultimately decide.
The Local Authority wants to place my child for Adoption.
Can this happen without my consent?
If a parent does not agree to his or her child being placed
for adoption then the Local Authority can not arrange
this without a Court Order. Such an order can only be
obtained if the Court is satisfied that the parent has
had every opportunity to be heard at court and also satisfied
that certain legal criteria have been met. The Local Authority
cannot go to Court without telling you that this is what
they are doing.
How long will it take for me to get my children back from
care?
Each case will depend on its circumstances. It is true
that some children do not return home but in other cases
they do. There are no fixed periods of time for Court
cases to end but everyone concerned is aware that delay
is prejudicial to the welfare of the child and the Court
will set dates for certain documents to be filed and will
fix a hearing at which final decisions will be made. The
journey from proceedings starting to the Courts final
decision can take many months but all cases are different
and it is not possible to answer this question in general
terms.
My grandchildren are in the care of the Local Authority.
Is there anything I can do?
Yes. Lots of grandparents find themselves in this situation
and the Courts are very used to grandparents offering
to care for their grandchildren if they cannot be with
their parents. Usually there needs to be an assessment
of the grandparent to see if the child would be safe and
well cared for if placed with his or her grandparent.
However, if agreement cannot be reached with the Local
Authority concerned, the Court will hear applications
from grandparents and make a decision as to what outcome
the Court believes is in the child’s best interests.
Even where children cannot be cared for by grandparents
often arrangements are made for the grandparents to see
them.
I do not like my Social Worker. Can I ask for a different
one?
The short answer is yes. However, a change in social worker
is not always possible or appropriate. Local Authorities
only have so many resources and so changing a social worker
is not always easy or possible even if desirable. Sometimes
people ask for a change of social worker because they
don’t like what they are being told. In other cases
there are proper reasons to complain about a social worker
and if so there are procedures to follow. We can help
by talking through the problems with you and making the
request on your behalf if you feel that a change of social
worker is appropriate. |
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My child had to go to hospital and the doctor there
has said that the injury is non-accidental?
What does this mean and can I have a second opinion?
At times like this you need access to immediate legal
advice to explain the procedures and legal process and
explain what to expect. In these circumstances the medical
professionals are saying that the account given by the
carer for the injury is inconsistent with their medical
findings. These can be very frightening times for a
parent who has not caused deliberate harm to their child.
However, until all the circumstances can be investigated
it is usual for the child to be placed with foster carers
or a family member who could not have caused the child
any harm. It is important that you have legal advice
as soon as possible in such circumstances. Usually a
second opinion is sought and questions can be asked.
Again you will need expert advice about this. We have
a great deal of experience in this particular area.
Is Public Funding (Legal Aid) available for me?
If you are a parent (including an absent parent), or
person with parental responsibility (including delegated
responsibility), and the local authority has issued
an application to Court to remove your child and place
him or her in care – yes. You are entitled to
free legal advice and representation. The same applies
to a child who is subject to such an application and
to some carers depending upon the circumstances. In
other cases (e.g. other types of applications such as
contact, when the child is in the care of the Local
Authority) public funding may be available subject to
satisfying a means and merits test. We can assist in
this process and also advise you about other levels
of funding. Grandparents and other relatives have to
satisfy the means and merits tests in all circumstances,
although if they were caring for the child when the
Local Authority intervened they may be entitled to free
advice and representation. Again we can help with this.
If I cannot have public funding how much will it cost
to have a solicitor or barrister represent me?
This is a difficult question to answer as all case are
different and will present different issues for the
Court to consider and decide upon. A fully contested
case at Court with many people involved will be expensive
because of the time involved to prepare and fully argue
and present your case. We are conscious of the expense
to our clients and do our very best to give accurate
estimates of the likely costs. However, these are estimates
and not quotes or fixed fees so we like to keep costs
under review so that you can keep track of the expenditure.
We charge an hourly rate and submit regular bills so
that you are not faced with a large bill at the end
of the case. We do ask for payment to be made as and
when bills are delivered. Sometimes however, some initial
advice is all that is required and this can limit the
expense to you and your family. In every case, we suggest
that you simply ask us. We promise to be honest with
you about the likely costs and involve you every step
of the way so that the expense doesn’t get out
of control.
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Childcare Solicitors Leeds & Wakefield
John Wood
Childcare and Family Solicitor Leeds / Wakefield / Pontefract. John trained as a Solicitor in
Leeds, qualifying in 1986. He became a Partner in a West Yorkshire
general Practice in 1991 and was instrumental in establishing the
John Wood Partnership in 2000.
Jane Curnin
Childcare and Family Solicitor Leeds / Wakefield / Pontefract. Jane graduated in 1983 with a
degree in Applied Social Science and English. Upon qualification in
1988 she practiced Child Care Law for a Local Authority Legal Department
establishing extensive experience in Public Law Care Proceedings and
Adoption before entering private practice in 1995.
Amanda Steele
Childcare and Family Solicitor Leeds / Wakefield / Pontefract. Amanda graduated in 1993 with
a degree in Law from the University of Central Lancashire. She subsequently
worked as Head of the Family Law Department at a Private Practice
firm for four years before joining the John Wood Partnership Family
Law Department in 2002, becoming a partner in the firm on 1st July
2006.
Annie Walsh
JWP Solicitor, Leeds / Wakefield / Pontefract. Annie graduated from Leeds Metropolitan University in 2001 and completed her Post Graduate Studies at the College of Law in York before training with a small high street firm in Lancashire. Annie relocated back to Yorkshire in 2007 and joined JWP Solicitors in July 2008. Annie deals with all aspects of Family Law and has a particular interest in child related issues. |
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