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Contact and Reunification
The local authority has a general obligation to promote the reunification of children with their family as soon as is practicable. This principle has been reiterated in a series of cases before the ECHR but English and Welsh courts take the view that reunification will only occur if it can be demonstrated to be appropriate and in the child’s best interests.
Where a child is the subject of a care order to the local authority the court’s permission is required before the local authority can terminate contact between the child and its parents.
In most cases such a proposal is only made where the local authority’s plan is to have the child adopted.
In considering the question of terminating contact between a child and its parents, courts are required to give consideration to the rights of both parents and children to have their family life respected under Article 8 ECHR. It is not uncommon for adoption of older children to be open to allow for continued direct and indirect contact with parents and other family members.
Where contact has been refused and a child has been freed for adoption a parent or family member may still apply to the court for contact but requires the leave of the court to do so.
Where a child is the subject of a care order to the local authority the court’s permission is required before the local authority can terminate contact between the child and its parents.
In most cases such a proposal is only made where the local authority’s plan is to have the child adopted.
In considering the question of terminating contact between a child and its parents, courts are required to give consideration to the rights of both parents and children to have their family life respected under Article 8 ECHR. It is not uncommon for adoption of older children to be open to allow for continued direct and indirect contact with parents and other family members.
Where contact has been refused and a child has been freed for adoption a parent or family member may still apply to the court for contact but requires the leave of the court to do so.
