Permanence Order Solicitors Glasgow

Permanence Order Solicitors Glasgow, Scotland – Family Law Solicitors 

Get in touch with Simplicity Legal, Solicitors, Glasgow if you need advice about a permanence order.  Our family law solicitors have extensive experience and will provide you with expert legal advice. We will make every effort to to obtain the best outcome possible.   

What is a permanence order in Scotland?

An application for a permanence order is a court order applied for by the local authority (the social work department) under the Adoption and Children (Scotland) Act 2007.   It is applied for in circumstances where children cannot live with their birth parents. The order will give the local authority the right to decide who the child should live with (e.g. with foster carers or kinship carers) and where the child should live, and takes that right away from the child’s birth parents.  The order will also give the local authority the responsibility to provide guidance to the child.  There are other types of day-to-day decisions which the order can give the local authority the right and/or responsibility to make in relation to a child.  It is also possible for the order to give authority for the child to be adopted (which is likely to lead to adoption proceedings being raised later).

The court cannot make an order in respect of a child aged 12 years or over unless the child consents to it.  For children under that age the court must, after considering the age and maturity of the child, give the child the opportunity to state whether he or she wishes to express views on the making of a permanence order and, if so, give the child the opportunity to express his or her views.

The court will only make an order if satisfied that it is better for the child that an order is granted than that no order is made at all.  In making that decision the court’s primary consideration is the child’s welfare.

Right’s and responsibilities of the child’s parents

The granting of a permanence order will restrict the rights and obligations of the child’s natural parents.  For that reason there is often a dispute between the social workers and the child’s parents about whether a permanence order should be made.  Although the making of a permanence order means the child’s parents will no longer have the right to decide about their child’s residence, the order may contain other provisions about parental rights and responsibilities.  For example, if it is thought to be in a child’s best interests, the order can provide for the child’s parents to continue to have contact with their child and set out what that contact should be.

An application for a permanence order can be highly contentious and the granting of the order is likely to have a significant impact on the child and on the child’s birth parents.  It is therefore imperative that, if a permanence order is being considered or applied for in respect of your child, you seek advice. If this applies to you please don’t hesitate to call us today at 0141 471 9166 or complete our online enquiry form and let us help you..