Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Private Fostering

Wednesday, 12 April 2006 03:00

There are many circumstances that can arise where a birth parent feels that it would be best for them to make an arrangement for their child to be cared for (often temporarily) by someone else. For example, when a couple separate or divorce, they may feel that it is best for the child to live with a family friend to avoid the conflict and arguments at home.

What parents and the family friend may not realise is that they are legally required to let the local council know if a child under 16 (18 if disabled) is living with people who are not close relatives for more than 28 days, as this is called private fostering and the friend is regarded as a foster carer.

In such cases the council must be notified six weeks before private fostering starts or within 48 hours if arrangements are made in an emergency; and anyone already involved in private fostering should inform their council immediately. Parents will retain parental responsibility for the child throughout the time they are privately fostered but should be aware that the Adoption and Children Act 2002 reduced the time that children had to be living with foster carers to one year, before the foster carer had the legal right to ask the court for the children to stay with them.

If you are considering placing your child in the care of a friend due to separation or divorce, please contact Norman Hartnell for a free initial interview on 01392 421777.