Law Relating to Children - Case Study Example

Law Relating to Children ial One It is so important to have a consistent law guarding welfare and safety of a child. The scenario discussed isa very complex scenario, dealing with an irresponsible mother who is lucky to have found support of a man who has sound family support and compassion for her children. Hannah and Ian have been the only consistent parental support provider in this case with parental responsibility. H annah and Ian, has the clear Parental Responsibility according to Children Act 1989, as the mother is irresponsible and not committed to take care of the children and father who adopted them is physically not around. The only family care which children have received from their tender age is in the care and nurturance of Hannah, who lives with her live-in man Ian, who supports her decision to keep the children under her care. Hannah's home is the only safe home which the children have had in their growing years. And, Hannah provides good care not only for the two girls Ella and Grace, whom Barry (the step father) had left under her care but has also taken to care for a newborn Joanne, whom Allison brings in her care in distress. Hannah, has a natural generosity and love for children and good support from her live-in mate Ian, which gives the children a safe and loving home environment for growth and development. Children have grown to have a strong relationship with Hannah and are growing ell under her care. Hannah and I an could seek Parental Responsibility order based on the Children's Act 1989(The Law Relating to Children, 2007), from the court to make sure they maintain nor only social responsibility of the children, but legal rights to ensure safety and welfare of the children, after Barry's death. If Barry were still alive, they could obtain Residence Order as the primary care giver. But with Barry's death it would naturally be determined that they are the only consistent family influence on the children. They took care of them when Barry was alive, they took them in when Barry went on travels related to work and they have taken full responsibility for the children since Barry has been stationed in Middle East on his job. Their involvement in the children's life is significant and essential. They have been responsible caregivers and have provided loving and safe home environment for the children. It really would not affect much if Hannah and Ian were married or not. Hannah and Ian have been together as live-in mates before children were brought in their care. And, both Hannah and Ian have been willing to take children in. If there was disagreement on the part of Ian, it would be different story, but with Ian's support and consent it really does not affect much legally. Allison, is just the biological mother of the three girls, she has been an irresponsible mother involved in a profession which would harm her children more if they were in her care. She could not provide stable and safe home for the children. She is not committed to her children. She has not even kept in touch with the children except for occasional birthday cards and Christmas presents. Her character is unstable and indulgent. She is involved in a very unsuitable profession which can be devastating exposure for her children. And her addiction with drugs make her unpredictable and unworthy as a caregiver for her own children. She is a classic example of a young and irresponsible mother, involved in a very messy situation where she cannot get out of the trap of indulgence and addiction. Even though Allison is irresponsible and uncaring, being the biological mother she does have right to step into the life of her children, if she shows exemplary change in her ways and responsibilities towards her children under the supervision of the court in case of emergency, under Emergency Protection Order and Care Order(The Law Relating to Children, 2007). This can be done only if she assumes dramatic change in her life which reflects her more caring and responsible attitude towards her children and there is a situation in which her involvement is necessary for the safety of her children and she can ensure she can provide better safety. Depending on the age of the children, their mental maturity, and their understanding the wishes of the children would play a major role in this decision-making process. Any rights towards children, also carries with it a set of responsibilities to ensure that the caregiver a parent or the adopted family does not compromise the safety and the welfare of the innocent people under their care. And the caregiver does not use children to express their whim and uncontrolled desires. Allison will need to prove strong caring intent and will need to win the trust of the children before she can have the right to interfere in their lives under the loving and responsible care of Hannah and Ian. Hannah and Ian, have been the primary caregiver for children since their early years and this is the only home which children have known. Hannah, does have a strong background which supports her primary role as caregiver of the children. Hannah, can prevent Allison from removing the children from her care by resorting to Welfare of the Child Order (The Law Relating to Children, 2007)proving that she has been the primary caregiver for the children in their tender years, when their mother (biological) had left them and gone on her whims. Her home is the only home which children have known since their childhood. She has been a good mother and has provided safe and nurturing home environment for the children. Her son Barry had entrusted her and Ian (live-in mate) with the Parental responsibility of the primary care of the children, when he was going to Middle East. And, she has fulfilled that responsibility with love and care. Children have a strong bond with Hannah, as she has given them love, emotional and physical security. She has every right to guard their welfare from an irresponsible mother who may take them and abuse them and leave them. Tutorial Two Hannah and Ian, have made no legal proceedings to get any Parental Responsibility or Residence Order by the court under the Children Act 1989. They just automatically and naturally have assumed a parental role in the life of the three girls led by circumstances. Their relationship with the girls began with, the mother (biological) running away leaving them under the care of the stepfather Barry, who seeks his mother Hannah's help in caring and raising the children. Hannah and Ian (her live-in mate), accept the responsibility of raising the girls and has provided them with a home. Under the recent fats and adverse evidence against the relationship of Ian as an abuser and sexual molester, the scenario has changed. The home which seemed safe and secure, no longer ensures the safety and the welfare of the children. Under the Children Act 1989, the Prohibitive Steps Order(The Law Relating to Children, 2007) must be executed to ensure that children are no longer abused and secure arrangements are made to find them a safer home environment. "This means that a person with parental responsibility cannot take certain steps without the consent of the Court. The Order lasts until the child is 16, unless there are exceptional reasons for extending it." (The Law Relating to Children, 2007) The court can issue Care Order and Supervision Order for the children, to ensure that they are subjected to no more harm and suffering at the hands of the caregiver. And that their decisions related to the complexity of the relationships is backed by sound and mature adult supervision and control. This places the child under the supervision of the Local Authority or a Probation Officer, whose role is to advise, help and befriend the child. (The Law Relating to Children, 2007) The Supervision Order carries with it certain conditions, which may require that child should have medical or psychiatric examination and be involved in different activities at specified times. This condition gives the situation of Grace, a little leverage in terms of holding to her decision of continuing with her pregnancy against the wishes of the local authorities. The role of the Local Authority is to advise, help and befriend the child. If the medical examination supports the decision of Grace as healthy for pregnancy, then Local authorities cannot force her to terminate her pregnancy. Grace can continue with her pregnancy against the wishes of the Local Authorities, and secondly, the order can be stopped if someone comes forward as an interested party in getting Care Order for the child. This option also gives Grace an opportunity, if she really desires to continue with her pregnancy. (The Law Relating to Children, 2007) Hannah has always been a mother figure for the children and children are still very emotionally attached to her. She has been the only figure who gives them support and security of the home. It is unfortunate she does not have any legal rights to hold the children, under her care under these drastic circumstances which has led to suicide by Ella, conceived pregnancy by grace and poor grades by Joanne. Hannah's support would be emotionally valuable for Grace, in the time when she really needs someone whom she thinks as her own to be there for her to fight her case for pregnancy against the wish of the Local Authority. She can despite all the adverse happenings within her home, apply for the Care Order for the children, as the main offender Ian, is serving prison for the crime committed. There has been evidence of abuse to the children within her home. But Hannah's role has always been that of a caring and loving mother in the life of the children. There is a great chance, that after verifying the agreed checklist and under the condition that Ian, has been charged and put in prison. The judge may consider granting Care Order to Hannah after establishing that she will cooperate with the court in implementing the safety and the welfare of the child. A very important consideration will be the opinions and willingness of the children. Hannah's reputation as a mother figure raising and caring of children who were not her own would add to support her case. The court will expect the Local Authority to inform what plans it has for the child, and based on that can come to the conclusion that Care Order is in the best interest of the child. A Care Order also give the Local Authority a share in the Parental Responsibility(The Law Relating to Children, 2007) for the child. The Local authority and the care provider have to come to terms with sound, safe and effective proposals which appeals to the judge as suitable in the interest of the safety and the welfare of the children. (The Law Relating to Children, 2007) Hannah, can if she fails to get the Care Order in the first place, can appeal to the court and inform of the recent change in home situation where the offender Ian, has been accused, sentenced and sent to prison for life. She can appeal her genuine love and care, and desire to abide by the rules of the court to make her home safe for the children. She can plead her innocence regarding any involvement and prior knowledge related to the abuse taking place within her home. She may sincerely appeal to make amends to improve the educational needs of Joanne and offer to provide emotional and economic support for Grace. Hannah seems to have genuine motherly affection for Grace and Joanne, and really repents about the circumstances which led to suicide by Ella. If she offers a list of steps which she is willing to take to improve her safety and awareness standards, confirm that she will take children for regular medical and psychiatric check-ups and assures that she will take responsibility for the education of the two girls. She should be granted Care Order as well as Parental Responsibility for the girls. She can be their legal mother in charge. (The Law Relating to Children, 2007) . Works Cited (March, 9,2007). The Law Relating to Children. Retrieved March 24, 2007, from Devon City Council Web site: www.devon.gov.uk/index/cyps/fostering/foster_carer 2/foster-care-handbook/fos-law-relat-to-child/fos-law-relat-to child2.htm#child_guard (The Law Relating to Children, 2007) Read More