Wardship

What powers does the court obtain after making a child a ward of court?

By making a child a ward of court no orders concerning a child can be made, and neither can any action be taken which would affect the child unless ordered by the court. This effectively means that the day-to-day care and control of the child would remain with the parents, the local authority, or any person with parental responsibility but the courts permission and consent would be required before any important step concerning a child is to be taken.

Who can become a ward of court?

A child aged under the age of 18 can be made a ward of court. A wardship will only apply to children who are British citizens and are physically present in England and Wales or who have habitual residence in England or Wales. A child would remain habitually resident in England and Wales if they have lived in this country all their life even if they had moved away temporarily.

It is important to note that an unborn child cannot be made a ward of court. Any applications to the family courts can only be made once a child is born.

Who can apply for Wardship?

An application to bring a person into wardship is commonly made by a parent of a child or a family member. This includes any person who has a genuine interest or relation to a child which covers immediate family members and other professionals such as teachers and medical practitioners.

A child can also apply for wardship or even the Local Authority provided they have the permission from the court. For the local authority to apply for wardship they must be able to satisfy the court that there is a reasonable cause to believe that their failure in making an application for a wardship is likely to cause significant harm to the child.

When does a wardship cease to exist?

A child will no longer be a ward of court when they attain the age of 18 years.

What happens once wardship is arranged?

The courts are required to issue a summons after which wardship becomes effective almost instantly. The court will be required to send the documentation and the application to the Principal Registry. The wardship is then recorded and registered in the register of wards.

The Respondent would then be required to file an acknowledgement of service. The Respondent must also file a notice confirming their address and the location of the child in question.

The Respondents acknowledgement of service together with the notice must be served upon the applicant and the court must be immediately notified where any changes take place.

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in wardship matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.