Going to family court to get a child discharged from care

[Hill5643]

Hi just looking for some advice as my partner has received a letter regarding a child that has been put into care, the child’s mother left the relationship with my partner when she was pregnant and he hasn’t heard from her or the child until this letter, he has rang the social worker and she explained that he is in emergency foster care as the child’s can no longer be in the mothers care, he has rang a family solicitor today and the first thing is for him to have a DNA test, and then proceed with going through the courts as he isn’t on the child’s birth certificate, can any one give me their experience if they have been through this please and a rough estimation how long going through the courts will take for my partner to gain custody

[Suzie, FRG Adviser]

Dear Hill5643

Thank you for your post and welcome to the discussion board. My name is Suzie, I am an online adviser and will be replying to you today.

Children’s services have contacted your partner to inform him that his child is in emergency foster. The child was removed from this mother's care. Your partner’s relationship with the child’s mother ended before the child was born and he is not registered on the child’s birth certificate, therefore he does not have parental responsibility. You partner has contacted a family solicitor who advised that he will need to have a DNA test before making an application to court to care for the child. You are seeking information and guidance on how long this might take.

I suggest your partner goes back to children’s services to ask them for further information regarding the child’s care plan. For example, will they be seeking to make an application for care proceedings? If so, you partner, as the father of the child, will be entitled to free legal aid if it is determined he is the biological father. I have added a link HERE to information regarding emergency foster care and HERE to care and related proceedings. In respect of timescales, government guidance indicates that care proceedings should conclude within 26 weeks, often it can be longer. I do not have an exact timeframe for you.

If it is the case that care proceedings do not start and your partner seeks a child arrangement order, this is a shorter process and timescales will depend on several factors, for example, the local authority and mother position and court availability. I have added further information and guidance HERE regarding this type of application.

You do not say how old your partner’s child is but do say there has been no contact between him and the child since birth. Should the child come into you and your partner’s care I would suggest there is a gradual approach to this, at a pace the child (and you and your partner) are comfortable with. I do not know why the child was removed from their mother’s care or what they experienced before this took place however, they will have experienced instability, trauma, and a change in their usual patterns of being parented. For these reasons it will be important that any transition made to move the child again should take into consideration their emotional wellbeing alongside the practical realities of doing so.

I have added HERE information and guidance regarding Section 47 assessments and child protection plans should this be the route taken by the local authority.

I have further added HERE our ‘top tips’ when working with social workers and solicitors. If you have further questions once your partner is clearer in respect of the local authority's position, please do post again here or contact us on our advice line, webchat or advice enquiry form, details of which can be found on our website
frg.org.uk

Best wishes, Suzie