Family Court and the Adoption Process
If you are adopting a child, it is important to consider the process and stages involved in the Family Court. The Family Court is a specialist court for all types of family related proceedings such as the adoption, care, contact and residence of children.
Adoption Orders
An adoption order removes parental responsibility from birth parents and/or guardians and transfers it to the adoptive parent(s). The child's welfare and wishes are paramount in any decision-making process. A number of conditions can be attached to an adoption order, which can be anything from schooling, to regular contact with a birth parent.Application Process
Your application for an adoption order must be started in a Family Proceedings Court (FPC), which is a magistrates' court. If however, the application involves complex issues, it may be transferred from there to an Adoption Centre. Adoption Centres are specialist county courts with adoption-experienced staff. The adoption process may be started in the High Court if the child is not in Britain at the time the application is made.If there is already a court order relating to the child, it may be convenient to start the adoption application in the earlier court (only if it is an adoption centre).
Consent
The court requires that the person(s) with parental responsibility consent to the adoption. This must be declared in the application along with a 'Statement of Facts' setting out the brief details of consent and signed by a solicitor or yourself. If however, the adoption is not consented to, you must give good reason as to why the court should dispense with their consent if in the best interests of the child. A copy of the statement is sent to each parent and guardian of the child. Should you wish for your identity to remain confidential, you should contact the court.Documentation and Fees
An adoption order application must be accompanied by supporting documentation and the required fee. Details of fees can be found in the 'EX50; Civil and Family Court Fees' information leaflet on Her Majesty's Court Service homepage. The originating summons (if in the High Court), originating application (County Court) or Form 6 Adoption form (Magistrates' Court) must be submitted plus the following documents:- The child's birth certificate or certificate of previous adoption.
- A medical report on the applicant(s) and child.
- The adoption agency's report (if required).
- Any documents to prove parental consent or copy of any placement order.
- The applicants' marriage certificate or divorce papers (if applicable).
Court Process
Once the application has been issued, the court will give directions as to the next steps of the adoption, depending on the detail and circumstances documented in the application. The court is likely to order one of the following options:- The court may ask for an officer from the Children and Family Court Advisory Support Service (CAFCASS) to be appointed to act as a children's guardian, a children and family reporter or a reporting officer;
- A report will be prepared by the Local Authority or Adoption Agency detailing the child, the family and those with parental responsibility, background etc to aid the court;
- First directions hearing
CAFCASS
A children's guardian represents the child at court and provides a report of what they believe to be in the child's best interests. A children and family reporter may be appointed by the court to make any necessary inquires and prepare a report on the welfare of the child. A reporting officer is appointed if the parent or guardian has consented to adoption and is present whilst the parent signs consent forms. If consent is not given, the reporter must attend court to explain why. All three officers (or it may be the same person) are required to aid the court with any information useful to the application.First Directions Hearing
A first directions hearing takes place approximately four weeks after the application has been received. Details of the hearing will be sent to all parties. The court will consider the application and make directions about matters, such as the timetable for filing reports; correction of documents; contested issues; additional parties; further directions; and if possible, the date and place for the final hearing.Final Hearing
If the court decides to make an adoption order, they will do so at the final hearing. A copy of the order explaining what directions have been made is sent to the parties. Finally, the court will continue to monitor the progress of the case to make certain that all directions are complied with.For more information you should contact a solicitor or Social Services who can provide you with advice and support on how to apply for an adoption order.
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Comments...
Social services took my 2 children aged 8 and 2 without a court order and without consent. My children were never abused our only fault was my wife’s cerebral palsy and learning disability. We had support from several voluntary organisations and were coping very well. We had a social worker who wanted to leave the support in place that we had and close the file on us because in her words we were “doing everything right”. Then another social worker took over from her and the first thing she did was take away our support, then forced my wife to leave the family home by threatening to separate our children and make them disappear into the care system forever if she refused. Then 3 weeks later the children were taken because the social worker had watched a TV show about men that kill their children and commit suicide - I had depression at the time. I have a report from my GP saying that I had depression but not suicidal, and a report from the mental health crisis team written on the same day after the children were taken saying there is no evidence of risk. We have had social services in our lives from the moment my wife moved out of the care home she was in, that was 12 years ago. We were married nearly 11 years ago and they keep telling me to divorce my wife and I’ll have a slim chance of having the children returned. They also tell my wife that if she divorces me then she will get more contact with the children than me. My eldest aged 8 always asks me if she can come home when we have contact visits (4 hours every fortnight) and I have been warned not to talk to her about this or they will cut off the contact. This was brought up when my daughter told me she is going to be adopted and she didn’t want to be adopted but wanted to come home. I told her that me and her mum want her and her sister to come home and it’s not called adoption it’s called forced adoption. I have suggested a plan to have our children returned: 2 x 1 hour visits per week from home start, 1 visit per week from the school parent support worker, 1 visit per week from trent and dove family support worker, and 1 x visit from a social worker who can get feedback from the other agencies and monitor us. This would be 3 days more support than we had when we were in the previous social worker words “doing everything right”. This has been dismissed by social services and cafcass guardian and they are pushing for adoption. You can see for yourself what the law says "Social Services must work with parents and make every effort to return children to their birth family wherever possible"The final hearing is 31st of may – 3rd of june at burton on trent magistrates court. All I’ve seen so far is a load of expert witnesses, independent social workers, cafcass guardians, and solicitors making huge sums of money out of us, and when the pot of money runs out our children will be adopted. My solicitor has told me that I should prepare myself for losing my children.
Paul Roberts - 27 May 2011 @ 7:54 AM
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