interim care order wot rights do we get with this order?

Answer 1

If it's for a child then you have the normal rights of a parent, while it is in force. Parental rights may also be shared between yourself and the the local authority. There may be some restrictions about taking the child abroad, etc, but these will be noted on the Order.

Answer 2

If your child is the subject of an interim care order, it means that Social Services, and not you, get to decide where the child lives and to make other important decisions about their care (like hospital treatment).

If Social Services are applying for an order but haven't got one yet, you can go to court and argue against an order being granted. You'll need a solicitor to do this.

Social Services apply for interim care orders when they believe that a child is at risk of harm, and they want to investigate further. Once they have investigated, they will either have the order rescinded (taken away), or they will apply for a full care order.

Although Social Services have the right to decide where your child lives, they may allow the child to remain with you. This will depend on the level of risk they think exists for the child, and how co-operative you are with them.

I think you really do need legal advice. If you are on benefits or low income you will be able to get legal aid.

The link below might be of help.

Answer 3

It depends upon what conditions (if any) were imposed by the court. In many cases a child will remain at home with the parents, but with the social services lurking in the background. Sometimes the child will be removed to another place and the parents will then only be allowed contact.

Just hang on to the word 'interim', which means temporary, or for the time being. It is made for a limited period and that time is one in which you have a chance to cooperate with Social Services and show yourselves to be good, responsible parents. Nobody wants to make a full care order in respect of a child unless absolutely necessary. Sometimes care orders are renewed month by month and drag on until a final decision is made. But if Social Services are pleased with your progress, they may make an application to the court to discontinue the proceedings. It's up to you. Here is the section of the Children Act which states what the court is looking for in making a care order:

Children Act 1989, section 31(2): 'A Court may only make a care order or supervision order if it is satisfied - (a) that the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to - (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child's being beyond parental control.'

Answer 4

This is "what" I found when I googled "interim care order" - I hope this helps.

17.—(1) Where a justice of the District Court is satisfied on the application of a health board that—

( a ) an application for a care order in respect of the child has been or is about to be made (whether or not an emergency care order is in force), and
( b ) there is reasonable cause to believe that any of the circumstances mentioned at paragraph (a), (b) or (c) of section 18 (1) exists or has existed with respect to the child and that it is necessary for the protection of the child's health or welfare that he be placed or maintained in the care of the health board pending the determination of the application for the care order,
the justice may make an order to be known and in this Act referred to as an "interim care order".

(2) An interim care order shall require that the child named in the order be placed or maintained in the care of the health board—

( a ) for a period not exceeding eight days, or
( b ) where the health board and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding eight days,
and an extension or extensions of any such period may be granted (with the consent, where an extension is to exceed eight days, of the persons specified in paragraph (b)) on the application of any of the parties if the justice is satisfied that grounds for the making of an interim care order continue to exist with respect to the child.

(3) An application for an interim care order or for an extension of such an order shall be made on notice to a parent having custody of the child or to a person acting in loco parentis except where, having regard to the interests of justice or the welfare of the child, the justice otherwise directs.

(4) Where an interim care order is made, the justice may order that any directions given under subsection (7) of section 13 may remain in force subject to such variations, if any, as he may see fit to make or the justice may give directions in relation to any of the matters mentioned in the said subsection and the provisions of that section shall apply with any necessary modifications.