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Channel: Divorce – Swain & Co Solicitors – Havant/Portsmouth, Southampton, Liverpool
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Can I still see my children if they have been taken into care by Social Services?

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Yes. The Local Authority are under a duty to promote reasonable contact between a child and their parents.

It must always be remembered however, that any contact will be what is considered to be in the child’s best interest, not the parents.  If there are care proceedings ongoing before the Court, it is likely that any contact may need to take place at a Contact Centre where it can be supervised, particularly if there are concerns as to the child’s safety whilst in the care of the parents.

As to how much contact takes place will be very much dependant upon what the concerns are, the child’s age and their wishes and feelings, any routines/school commitments they may have and the availability of facilities to enable supervised contact to take place.

If contact is taking place between a child and the parents and, for whatever reason, Social Services believe that the contact is not benefiting the child, then they can apply to the Court for an Order to withhold any future contact between the child and that particular parent. However, they can only do this with the Court’s permission.

 If a child is considered to be at risk of harm during contact with the parents, then it is possible for Social Services to terminate the contact immediately at that time and to then seek permission of the Court to continue to withhold any future contact.

If social services are not promoting contact between a child in care and the parents, without good reason, an application can be made to the Court, on behalf of the parents, for contact with a child in care.

Our care department at Swain & Co are able to assist with this sort of matter and therefore, if you or anyone you know are in this situation, please contact us urgently on 02392 492 967 for advice.

Louise Joyce

Care Department 


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