Wardship
Adoption
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FAMILY
BREAKDOWN
The breakdown of any family relationship causes problems
for all involved, the parties and particularly, any children.
Whether or not married there are frequently difficulties
which arise relating to contact with children, maintenance
and the family home.
To guide clients through these problems and to achieve a
reasonable settlement of the difficulties the firm is committed
to providing a sympathetic legal service.
Our firm bases our approach to family problems on the assumption
that it is in the interests of all involved to try to achieve
a settlement by negotiation. This is, of course, not always
possible but experience suggests that in the long run Court
proceedings and a "fight" over the children or money
leads to greater problems.
The reason for this is twofold.
Firstly it makes any long term possibility of achieving a
working relationship more difficult. This can cause problems
particularly where there is future contact because of involvement
with children.
Secondly there is the question of cost, the longer the case,
the more the costs and therefore the less there is available
at the end of the day to you.
For non Legally Aided clients the same financial consequences
follow if the proceedings before the Courts are lengthy and
protracted.
The firm recognise, however, that in some circumstances a
settlement cannot be achieved by negotiation. As soon as this
is apparent the firm believes that all avenues available through
the Courts should be taken and handled as quickly and effectively
as possible.
The firm offers a complete service dealing with:
Divorce
Contact and residence arrangements for children
Settlement of disputes relating to property
Injunctions where there has been violence or molestation
Advice on welfare benefits and housing
Child Support Agency problems
WARDSHIP
The jurisdiction of the High Court to make
a child a ward of court and assume responsibility for its
welfare. The jurisdiction is almost unlimited, although subject
to consideration of the child's welfare and, to some extent,
the rights of other persons and the public interest. The court
exercises detailed control of the ward: it may appoint the
Official Solicitor to act as his guardian ad litem and may
order either parent to make periodical payments for his maintenance.
Wardship proceedings are heard in private and the usual rules
of evidence may be relaxed (e.g. in respect of hearsay evidence).
The court may enforce its orders by injunction; breach of
this or tampering with the ward may constitute contempt of
court.
Wardship proceedings are usually used (1) when there is a
dispute between estranged parents but no divorce proceedings
have been started; (2) when a foster parent or potential adopter
wishes to prevent relatives interfering with the child or
when a third party wishes to remove the child from parents
who are considered unfit to have parental responsibility;
(3) when a child has been "kidnapped" by a parent;
(4) to exercise control over a wayward child; and (5) to control
medical treatment, such as sterilization, even when this is
contrary to the wishes of the child. Any person who can establish
a proper interest in the child may apply for wardship (including
the child himself), but the Children Act 1989 restricts the
right of local authorities to use wardship proceedings. It
also repeals the court's power to commit a ward to the care
or supervision of a local authority. Since the Children Act
came into force use of wardship may be limited as the court
may prefer to make a section 8 order instead.
ADOPTIONADOPTION
Those waiting to foster a child in England and Wales should
apply to their local social services department for a list
of adoption agencies.
An adopted child receives a new birth certificate
which does not reveal its original parents' names, but at
the age of 18 an adopted child has the right to trace the
details of its true parents, though there is no such right
for the parents. An Adoption Contract Register is kept by
the Registrar of Births, Marriages and Deaths, where both
parents and children can register their details.
There is a general shortage of new babies
for adoption in the UK and some parents go abroad to find
a suitable child.
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