Applications for discharge of care orders
Upon the making of a care order the Local Authority may place the child in foster care and such an order will remain in place until the child reaches the age of 18 or until an application has been made to discharge a care order.
If your child has been made subject to a care order and you believe circumstances have changed, you can lodge an application with the Court seeking or such an order to be discharged and for your child to be returned to your care.
The court will decide whether or not to discharge the order. The court consider the circumstances under which the order was originally made and will investigate whether these have changed. The most important consideration the court makes is regarding the child’s welfare and if it’s safe to go home.
Who can apply to discharge a care order?
Any person with parental responsibility can apply to discharge the order. The child himself can also discharge the order as can the Local Authority designated by the order.
What evidence will the court consider?
The Court’s paramount consideration is the child’s welfare. The Court will consider whether there has been a significant change in circumstances before considering whether the order should be discharged.
Is legal aid available?
Public funding is available, however it is means and merits tested. Therefore in order to receive legal aid there must be grounds to make the application and you must be financially eligible.
Discharging Care Orders- Why Choose us?
At National Legal Service Solicitors, our expert team of family law specialists will be able to advise regarding the steps that need to be taken to try and achieve a positive outcome at court.
Care proceedings and Child Protection Solicitors
Our family law department has over 8 members of the Law Society’s Children Panel with over 30 years of combined experience in dealing with Family and child law matters. Speak to our child care solicitors confidentially on 020 3601 5051.