A child protection order is a legal order issued by a UK court to protect a child who is considered to be at risk of harm. While these orders are intended to safeguard children, there may be situations where a parent or caregiver feels the order was made incorrectly or unfairly. Here is some guidance on how to fight a child protection order in the UK.
Understand the Grounds for the Order
The first step is to fully understand why the child protection order was issued in the first place. Orders are generally granted when the court believes the child is suffering or at risk of suffering harm, and that the order is necessary to protect the child. Make sure you are clear on what evidence was provided to the court and what specific concerns exist about the child’s safety and welfare. This will help you determine if there are grounds to dispute the order.
Seek Legal Advice
Fighting a child protection order is a complex legal matter, so it is advisable to seek expert legal advice as soon as possible. A solicitor who specialises in child law can review your case and advise you on the strongest arguments against the protection order. They can also represent you at court hearings. Legal aid may be available if you cannot afford a solicitor.
Request a Discharge Hearing
If you wish to overturn the order, you or your solicitor can write to the court requesting a discharge hearing. This is a formal hearing where you can present arguments as to why you believe the protection order is unnecessary or should be revoked. The local authority that applied for the order will also have an opportunity to provide evidence and arguments.
Gather Evidence to Support Your Case
To increase your chances of success at the discharge hearing, it is important to gather solid evidence and documentation that addresses the concerns which led to the order. This may include records of your child’s health and development, school reports, statements from witnesses, etc. Showing you have cooperated with social services is also beneficial.
Address Any Underlying Issues
If the protection order was made due to issues like drug abuse, domestic violence, or other problems in the home, take demonstrable steps to address these issues prior to the hearing. Enrolling in a rehabilitation programme, anger management classes, parenting courses, etc, can help assure the court that the risk factors have been minimised.
Attend Mediation if Recommended
The court may recommend a mediation session with the local authority before the discharge hearing. This provides an opportunity to openly discuss the concerns, agree on steps to take, and potentially reach a mutual agreement on lifting the protection order. Mediation can be helpful, but you are not obliged to attend if you don’t wish to.
Be on Your Best Behaviour
Judges don’t take kindly to those who defy orders. To help your case, strictly comply with all terms of the protection order prior to the hearing. Be cooperative and reasonable in your dealings with social workers, never miss visits with your child, etc. Any breaches of the order or confrontations will undermine your position.
Present Your Case at the Hearing
Prepare thoroughly for the discharge hearing. Give clear, factual information addressing the evidence and concerns raised. Stay calm and focus on the legal arguments as to why the protection order meets the threshold for being discharged. Listen carefully and answer all questions from the judge and other parties.
While challenging a child protection order can be difficult, thorough preparation and legal advice will give you the best chances of success. However, the paramount concern is the child’s welfare, so be prepared to accept the court’s ruling if the order is upheld.
