Normally within Care Proceedings, the child`s parents and anyone else who holds parental responsibility for the child will be an automatic party to the proceedings. This provides the right to attend each hearing and have access to all the reports and evidence which are presented to the court.
On occasion a situation will arise where an individual has a role to play in the life of the child and the proceeding’s overall, but not satisfy the criteria for automatic party status. An example will be where the paternity of the father is disputed, a DNA test has not been undertaken and he does not have parental responsibility for the child.
In these circumstances if he is the biological father of the child, he can seek permission to make an application to be joined to the proceedings.
Like any other party to the proceedings, a joinder has the right to instruct a solicitor and be legally represented.
Duncan Lewis Solicitors can advise you in relation to Children Act Proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.
Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.