What does an Interim Care Order Do?
Updated: Mar 26
What is an Interim Care Order?
An Interim Care Order is an order which results in the local authority sharing the parental responsibility of the child along with the parents.
In simple words, the local authority will have the authority and power to make decisions associated with the welfare of the child and where the child will live.
They are only for the “interim” of court proceedings.
What can the Local Authority do if they have an Interim Care Order?
If the Local Authority have evidence that the child is at risk of suffering potential harm, they can ask the court to grant an Interim Care Order.
As mentioned earlier, the local authority having an interim care order shares the parental responsibility of the child and means the local authority can make decisions considering the welfare and best interest of the child.
The child will normally be moved to care or into a relatives house.
How long do Interim Care Orders last?
The first Interim Care Order can last about 8 weeks and can be renewed for periods of up to 28 days.
How long do Court proceedings take?
Usually, the proceedings of court can take around 40 weeks. However, this depends entirely on the availability of court and experts who will provide evidence at the final hearing.
Will my child go into care if the Court imposes an Interim Care Order?
It is to be noted that the court will issue an Interim Care Order only if they feel that there is no other option than to issue the order, and it is necessary.
Once the court imposes an interim care order, the local authority will have the power to take the child from the parent's care. Accordingly, they may put the child in foster care or with some other family member. However, where the child is moved it is dependent on the circumstances of every case.
On what basis can a Court make an Interim Care Order?
A court will issue an Interim Care Order only if it finds reasonable grounds to believe that the child has the risk of suffering potential harm.
It is to be noted that the harm may be a result of the care that is being provided by the parents of the child or the reason may be beyond the control of the parents.
What is the Interim Care Order Threshold?
On the first occasion, An Interim Care Order will last up to 8 weeks which can be renewed further for a period of up to 28 days. However, it is to be noted that there is no specific limit to the number of interim care orders made in a case.
Is parental responsibility taken away from the parents in an Interim Care Order?
The parental responsibility is not entirely taken away from the parents in an interim care order. However, it temporarily switches the parental responsibility for the child as the parental responsibility is shared with the local authority for a period of time.
Can an Interim care order be removed?
Yes, an Interim Care Order can be removed.
To do so an application of discharge to care order has to be filled by the parent, local authority, the child, or any other person who has parental responsibility for the child.
The application must explain that there have been significant changes in the situation of the child since the issuance of the Interim Care Order, to prove that the Care Order is no longer necessary.
Can you appeal an Interim Care Order?
Yes, you may appeal an Interim Care Order if you feel that something was incorrect and the Judge got the facts of the case wrong. Accordingly, you can also apply for the discharge of the order.
Why would an Interim Care Order be removed?
An Interim Care Order can be removed for the following two reasons:
During care proceedings, if the judge feels that the interim care order is no longer required and comes to the conclusion that the child can be best-taken care of at his home.
If there is a discharge application has been filed by someone with parental responsibility which proves that there has been a significant change in the situation. If this application for discharge is successful, then the Interim Care Order will be removed.
What happens at the end of an Interim Care Order?
In the end, an interim care order will have the same effect as that of a final care order When there is an interim care order, the children's services will have the same responsibility as that of the final order i.e. to look after the child.
A care plan must be drawn for the betterment of the child. Also, an independent reviewing officer will be appointed to review the care plan.
How can we help you with the Interim Care Order?
We at Court Help Limited are specialized in family court matters including Interim Care Orders by drafting statements and applications. Our legal team has rich experience and knowledge to assist you in the documentation and paperwork involved in such cases. Apart from Interim Care Order, we also specialize in various family law matters such as child custody, divorce settlement, domestic violence, etc.
To know more about Family Law in England, check out some of our other related articles which are available here.
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Note: This article is not meant as legal advice and must not be treated as legal advice