Discharge Care: Applications for Discharge of Care Orders
Applications for Discharge of Care Orders
Upon the making of a care order, the Local Authority may place the child in foster care, and such an order will remain in place until the child reaches the age of 18 or until an application has been made to discharge the care order.
If your child has been made subject to a care order and you believe circumstances have changed, you can lodge an application with the Court seeking to discharge the care order and have your child returned to your care.
The court will decide whether or not to discharge the order. The court will consider the circumstances under which the order was originally made and will investigate whether these have changed. The most important consideration the court makes is regarding the child’s welfare and if it’s safe for the child to return home.
FAQs
Who can apply to discharge a care order?
Any person with parental responsibility can apply to discharge the order. The child himself can also discharge the order, as can the Local Authority designated by the order.
What evidence will the court consider?The Court’s paramount consideration is the child’s welfare. The Court will consider whether there has been a significant change in circumstances before deciding whether the order should be discharged.
Is legal aid available?
Public funding is available, but it is means and merits tested. To receive legal aid, there must be grounds to make the application, and you must be financially eligible.
Discharging Care Orders: Why Choose Us?
At Fahrenheit Law, our expert team of family law specialists will advise you on the steps needed to achieve a positive outcome at court.
Care Proceedings and Child Protection Solicitors
Our family law and care proceedings departments include members of the Law Society’s Children Panel, the Family Law Panel, and Resolution Accredited Specialists.
