Call us now: 0141 429 8166
Call us now: 0141 429 8166
When grounds of referral are referred to the Sheriff Court for proof, the Sheriff has an important role in determining the truth. These decisions can have long-lasting consequences for you and your children. We appreciate how daunting it can be for parents, particularly where they have no experience of such processes. We pride ourselves in ensuring we deliver the best possible representation available. Our specialist knowledge allows us to conduct cases in a manner tailor-made to securing you the best possible chance of the outcome you desire.
Grounds of referral can involve a range of concerns, from the most serious allegations of non-accidental injury to concerns regarding poor school attendance. Our specialist team has conducted cases involving every ground of referral which can be brought and are ready and able to guide you the court process, providing you with expert advice and representation at every stage.
Call our specialist child protection lawyers today on 0141 778 9657 or by completing our online contact form.
The most common emergency care order sought is a Child Protection Order (‘CPO’). A CPO is an emergency care order that lasts for a maximum of 8 working days under the Children’s Hearings (Scotland) Act 2011. A CPO requires to be reviewed by a Children’s Hearing within 2 working days and, if not terminated, again within 8 working days. There are rights of appeal against the making of a CPO, and against each of the decisions of the Children’s Hearings that follow.
The primary function of a CPO is to override an individual’s right to determine where their child (or a child in respect of whom they have parental rights) lives. CPOs can be sought by the local authority or any other individual where there is a belief that a child is at risk. These are one of the only types of application that are routinely considered by the Sheriff Court outwith normal business hours, reflecting the seriousness with which these matters are treated by the court.
Given that seriousness, and how quickly these applications are turned around, you should not delay in seeking legal advice and representation if there is even a mention of a CPO. Call our child protection lawyers on 0141 778 9657 today for specialist advice.
The removal of a child from a family without their consent is arguably the most significant interference with your rights that can take place on an emergency basis. In some cases, it can take months and even years to undo the harm caused where a child is removed in these circumstances. It is everyone’s interests to avoid that situation if at all possible and we are well placed to assist you and give you the best chance of doing so.
Ensuring the wellbeing of the child is our top priority, and our team can work with you to achieve the most beneficial outcome for that child. Get in touch with our child protection lawyers today on 0141 778 9657 or by completing our online contact form.
There are situations where it is appropriate for a child or young person to be looked after by someone other than their parents. Key to The Promise Scotland is the commitment to keep families together, enabling children in Scotland to live with their family, where it is safe to do so. Where a child cannot - for whatever reason – live with their parents, there is a duty on local authorities to consider whether they could live with other family members.
Families can vary in their dynamic and make-up, and the concept of kinship care recognises this.
If you are a kinship carer, are considering becoming a kinship carer, or kinship care is a feature of your child’s care plan, it is important you know what rights and duties exist. Our firm is experienced in navigating all aspects of kinship care arrangements. Call our specialist child protection lawyers today on 0141 778 9657 or by completing our online contact form.
When a child or young person cannot be looked after by their parents, they may be looked after by a relative of the parent or child, or a family friend. The relative or family friend is known as a kinship carer.
Kinship care is different from a foster care arrangement where a child or young person’s care is arranged by a local authority, or a family arrangement where parents live in the same household as the child and any caregiver.
A relative can include grandparents, aunts or uncles, brother or sisters, or in-laws.
A family friend can include a close of the parent or a neighbour.
You are a kinship carer if a child is living with you and their parents do not live with you, and the child is a family member or the child of a close friend.
If you are a kinship carer you may be entitled to help, such as information, guidance and financial support.
A kinship carer has the same responsibilities to the child as a parent, such as promoting the child’s welfare, health, wellbeing and development.
In turn, the local authority may have duties to you as a kinship carer (including the provision of financial support), depending on whether the child or young person is considered to be “looked after” or not.
It is important to be aware of your options to ensure you and any child or young person receive appropriate supports.. Call our specialist child protection lawyers today on 0141 778 9657 or by completing our online contact form.
You have a human right to family life under Article 8 of the European Convention on Human Rights. That right to family life should not be interfered with by social work services – or the Children’s Hearing – unless necessary.
Social work services can become involved with families for a range of reasons. Whatever the basis for that involvement – and however well-intentioned it may be – it can often cause great upset and disruption to family life. If you need specialist advice, please call our child protection lawyers on 0141 778 9657 or complete our online contact form today.
Social work investigations may amount to nothing and you can revert to normal family life in early course. However, it is often the case that these investigations are ongoing for weeks and months and can at times lead to a referral to the Scottish Children’s Reporter Administration or an application for a Child Protection Order being made at the relevant sheriff court (see: Emergency Care Orders). It is never too early to seek advice in relation to social work involvement.
If you have any questions about a planned or ongoing social work investigation, do not hesitate to get in touch with us.
Likewise, if there are voluntary care arrangements in place (often referred to as section 25 agreements) that you have any questions about, do not hesitate to get in touch with us.
We can provide advice and assistance in relation to any social work involvement with your family and guide you through any investigatory stage, any child protection proceedings (including child protection case conferences) and any subsequent Children’s Hearing or court proceedings to ensure that your rights – and the rights of your family – are protected. Call our team today on 0141 778 9657 or complete our online contact form.
There may be situations where it is appropriate for a child to be adopted. The law around adoptions in Scotland is focused on the welfare of the child. Any decision on an adoption order should be carefully considered in line with that principle.
Whether you are considering adoption a child, or you are faced with an application to adopt your child, it is crucial that you obtain legal advice at the earliest stage.
Having a specialist child protection solicitor in this complex, high stakes field is essential.
We have represented clients in Adoption and Permanence cases for over 25 years.
Our team of specialist child protection solicitors can provide comprehensive guidance, bespoke to your situation. This can often be a complex area of the law, and the wellbeing of children involved is our top priority. Get in touch with our team today on 0141 778 9657 or complete our online enquiry form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.
Reliable, expert advice you can trust. Get in touch today
AWARD WINNING, SCOTTISH SOLICITORS
