One of these myths-although probably the least important-is that maintenance for children is dealt with by the Child Support Agency. It is not. In 2008 following publicity of the catastrophic failures of the CSA, the name was changed to the Child Maintenance and Enforcement Commission. However most people still refer to the CSA and I shall do so in this article.
An application by a parent for a residence order which will require a child to move home will very often involve a difficult balancing act by the court. It can be a delicately weighed exercise for the judge who must make the decision and this will be particularly the case when both parents are able to offer a reasonable standard of care. A deciding question may often be the wishes of the Child if he or she is of sufficient age and maturity.
In order to adopt a child you must be over 21 years of age and the child must be under the age of 18. If it is to be a joint application to adopt you must be married or in a civil partnership. If you are unmarried only one person can be the adopter.
Special guardianship is a new legal option intended to provide permanence for children for whom adoption is not appropriate.
A special guardianship order (SGO) gives the special guardian parental responsibility for the child. Unlike adoption, under a SGO the parents remain the child's parents and retain parental responsibility, though their ability to exercise their parental responsibility is extremely limited.
At times, due either to genuine concerns about children, or as a consequence of a breakdown of relationships between parents and social workers, a social services department will seek care or additional powers over children.
To obtain such an Order it is necessary for Social Services to establish to a Court that the children will suffer ‘significant harm’ if action is not taken.
The Children Act 1989 lays down the circumstances under a child may be taken into care or a supervision order made. The necessary criteria are:
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