Caring for children if you are not the parent

Miles & Partners is regularly instructed to help clients who are caring for children in circumstances where they are not the biological parent. Whether you are a close relative, a member of the extended family or simply a friend we are able to advise you on your legal rights in caring for the child, as well as the financial support you may be entitled to from the Local Authority.

There are 3 types of application that can be made by a person who is either seeking to begin looking after a child or has already done so but is looking to be provided with some kind of legal permanency and/or financial support:

1. Adoption

When a court makes an adoption order, the adopter or adopters take on all the legal rights that are given to a child’s birth parents. This type of order is most likely to be made when a child is very young. When an adoption order is made the legal rights of the birth parents are extinguished permanently. Whilst adoptions do regularly take place within families, the stronger the family connection between the birth parent and the potential adopter, the more likely the court will prefer an alternative placement option.

The Local Authority may offer some limited funding to adopters, the details of which can be discussed as part of the legal process.

2. Special Guardianship

A special guardianship order bestows the right to make all day to day decisions about the child’s upbringing. In the event there is a dispute about where the child should live this order also determines that the child should live with its special guardian. Unlike adoption however the birth parents remain legally the child’s parents and when making major decisions about the child’s life it will be necessary to consult with them. The court is also allowed to order that the birth parents are allowed a certain amount of contact with their child, although a contact order will not be made in every case.

The Local Authority is obliged to provide financial support to special guardians and the level of support can be negotiated with the Local Authority as part of the legal advice we offer.

3. Residence Order

This type of order determines where the child should live and will provide the carer with the ability to make day to day decisions about the child’s care. However under a residence order the birth parents are entitled to challenge any type of decision made by the carer and so a placement under a residence order is only appropriate when there is broad agreement between the parties concerning what is in the child’s best interests.

Limited financial support from the Local Authority may be available to carers under a residence order. This can be discussed during the legal process.

Miles & Partners regularly assists clients through every stage of the legal process in becoming a carer for a child.

Alternatively, legal proceedings may be already underway concerning the child’s future. In this circumstance we are able to offer a 2 hour advice session where we can discuss your legal options and the prospect of securing financial support from the Local Authority.

In certain circumstances where you are not entitled to legal aid, the Local Authority may be willing to fund your legal advice.

If you would like further advice or help with any of the issues discussed above please contact Sarah Cove on 020 7426 0400 or email Sarah at sc@milesandpartners.com