Care proceedings, where the Court decides whether a child should remain with their family or be placed in foster care, are already stressful and Christmas can bring added uncertainty.
A Difficult Time for Families
Families who are part of care proceedings may face confusion and sadness, especially if they have to spend Christmas apart from one another or if children are with temporary caregivers.
However, in some circumstances, parents have to accept that the best thing for their child(ren) is for them to continue to settle/remain in foster placements and spend the day with their current carers rather than leaving placement for contact sessions.
Balancing Legal Processes with Child Welfare
Social workers, Judges and legal teams are particularly mindful of the emotional toll these proceedings can take during this time. Whilst the festive season doesn't pause legal timelines, some adjustments can be made to ensure children’s welfare is prioritised.
For example, Courts might schedule hearings before Christmas or make temporary arrangements that allow family members to stay connected, whether through video calls or supervised visits.
Please make sure to give social workers plenty of notice about any change in arrangements that may be required as there may need to be some creative solutions to any problems, such as if Christmas interrupts the usual contact arrangements.
For those involved in care proceedings, although it is Christmas time, continuing to seeking/access support and working with trusted individuals, whether through social services, legal counsel, or mental health professionals, is very important.
It is also important to remember that decisions made during care proceedings are done to ensure the child’s safety and wellbeing, even though they may seem difficult at the time.
The ‘threshold’ (the standard of evidence that the Local Authority must reach in care proceedings to satisfy the Court that a Court Order needs to be made to protect a child) for these proceedings is extremely high. Tough decisions like these are not made without great consideration and lots of evidence to support it.
Next Steps...
Our family team are very experienced in dealing with all aspects of the law relating to children & care proceedings. For further information, visit our Family Law page or give us a call on freephone 0800 011 6666.
