Grandchild-Voluntary-court proceedings help needed

[Unknown202212]

Removed previous post due to unique situation and possibly been able to identify.

[Suzie, FRG Adviser]

Dear Unknown202212

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

Congratulations on the birth of your grandchild. Although I can understand that this is a complex situation as your baby grandchild is in foster care.

It is positive that you are being assessed as foster carers for the baby and that you have a panel date coming up. Your fostering support worker will be able to inform you about the processes involved. However, you may find it helpful to read our advice sheet 2 g. Just to add, if the baby does come to you, it is likely that you will be asked to apply for a Special Guardianship Order for them as long-term fostering is unlikely to be an option for a young baby.

I would expect that the baby’s father (his paternity would need to be confirmed) would be assessed to care for them as it would be the baby’s right to be cared for by a parent, if possible.

Although the arrangement began as a voluntary section 20 arrangement, I am guessing that the court application recently was for an interim care order . You will not automatically be a party to the proceedings but the court will often invite a prospective kinship carer to attend. If you did wish to apply to be a party then you would need to complete HMCS form C2. The court would decide whether to join you to the proceedings depending on the circumstances.

In terms of funding legal advice, children’s services will often pay for carers who they are supporting as prospective Special Guardians to access some limited legal advice. It may be a good idea to ask the social worker to confirm is this is what they meant. Legal aid is only available to potential kinship carers in certain situation.

You may find the following information useful:

Children looked after under a voluntary arrangement

Care proceedings

Children in the care system under a court order

Kinship care advice sheets
Family and Friends care policy search for the local authority involved.

I hope that this has been helpful. However, you may wish to ring our freephone advice helpline on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm to discuss the situation with an adviser. Or please post back with any further queries.

Best wishes

Suzie