Key Legal Principles

The law can seem very complicated and overwhelming for those who don’t deal with it on a daily basis. Even more so if you have to face the stress of a child protection investigation or court proceedings. Hopefully, if you are a parent involved in care proceedings you will have your own legal team, who you trust and are happy to work with and who can explain what is going on.

There is no substitute for proper legal advice from someone who is qualified to act on your behalf and who will have access to all the information about your proceedings, but for those who don’t have easy access to a lawyer or who are looking for some introduction or simple explanation we hope this is helpful.

Read more about:

Transparency – what can you talk about outside court

Balance of probabilities

Significant harm

Threshold criteria

Welfare Stage

5 thoughts on “Key Legal Principles

  1. Sarah

    Please help I had problems with my partner last year where we had a few arguements and fights my daughter witnessed a couple of these and social services took my daughter from me in December the courts have listened to the social worker and I was told that I would have support from them but had none I recently went to court to have my children at our home every other weekend but was told I still had to travel to my parents my children are desperate to come and spend time with both my self and partner but no body’s helping us or allowing for this to happen please tell me what I can do as there living with there father who domestically abused and raped me but that seems to be just fine the police have taken my case to cps regarding what happened with there father

    Reply
  2. claire adams

    my social worker is going to try to tack my kids off me and she keeps asking my kids if my salf hearts them like hiting them and are they happy with me and my kids are my life and my world with out them i hate to think what i would be like or who i would be i have 5 kids and my love for them is every think to me and iv never heart my kids they have never been to hospule for a bump on the head or eney think also and she is going to tack them off me and i kneed ti stop her befor she dose because if she dose my hart will never every be the same and i carnt cope with the thourt ov it

    Reply
    1. Sarah Phillimore

      If you are worried your children are going to be taken away from you, this can’t happen unless the SW gets a court order or the police agree to remove them in an emergency but that is only for 72 hours and then a court order is needed. If the SW applies for an order, you will get a lawyer that the state pays for. It is the Judge who makes the decision, not the SW. Do you understand why the SW is trying to take your children away? What have people said to you? Do you have anyone helping you to understand? There might be some one you can talk to here
      http://childprotectionresource.online/legal-advice/

      Reply
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