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Child Care Videos

What happens when Care Proceedings are issued?

Date when Video was Published: 16/10/2023

Script for the above Video

If the Local Authority have significant concerns about the safety and welfare of a child, they will initiate Care Proceedings and make an application for a Care or Supervision Order. Care Proceedings must conclude within 26 weeks unless there are exceptional circumstances. The parties to any proceedings issued will include anyone with parental responsibility for the subject child, the Local Authority and the child through their children`s Guardian. The allocated Judge will upon reading the evidence and considering the case make the decision as to how the case should be progressed or if the matter is near to conclusion, how the matter should be concluded. The first Hearing in any application made by the Local Authority will be listed for a contested hearing unless the parties reach agreement. The hearing will consider whether the application should be granted and if required and applied for removal of the child should be sanctioned. A Case Management Hearing is often the second hearing within proceedings and will set out a timetable for the proceedings. An Issues Resolution Hearing, also known as a (IRH), will then follow. This hearing is designed to determine if there are any issues that remain outstanding or whether the case can be concluded at this hearing. An Issues Resolutions Hearing may also be referred to as an Early Final Hearing if matters can be agreed. If the matter has not been capable of agreement or finalisation, a Final Hearing will be required. If the Final Hearing is contested, the parties and other experts may be required to give oral evidence at the hearing. The Judge will then consider the papers of the case and the evidence given at the hearing before making a final decision in the best interests of the child. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 16/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.

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