5 Myths about Family Law and Foster Care...Busted!

At Forbes Solicitors, we regularly advise foster carers, relatives, special guardians and professionals navigating the legal aspects of caring for children. We’re addressing some of the most common misunderstandings about the legal side of fostering.

Myth 1 Foster carers have parental responsibility.

They don’t, unless the Court grants it. In most standard foster placements, parental responsibility (PR) remains with the Local Authority and/or the child’s birth parents. Foster carers have delegated authority for day-to-day matters like school runs or GP visits, but significant decisions - such as overseas travel, serious medical treatment or changing a child’s surname require formal consent.

Myth 2 You need to go to court to foster a child.

Not under typical foster care arrangements. Court intervention is typically not necessary when fostering through a Local Authority. However, legal action would be required if a foster carer wanted to file for longer-term legal arrangements, like a Child Arrangements Order or Special Guardianship Order (SGO). Many carers receive our assistance in making that change.

Myth 3 Once a child is placed, there’s nothing legal carers can do.

Quite the opposite. Foster carers should feel empowered to advocate for the child’s needs. If concerns arise around contact, education or safeguarding, carers can seek legal advice and - in some cases - apply to vary orders or request additional support. We often represent foster carers who wish to formalise their role or ensure that the child’s voice is properly heard in court.

Myth 4 Contact with birth family is always required.

Only if it’s in the child’s best interests. While the law supports maintaining family links where appropriate, contact can be restricted or supervised if there are concerns about risk or emotional harm. The Children Act 1989 gives the Court discretion to tailor contact to the child’s welfare needs and we help our clients navigate that sensitive balance,

Myth 5 Family Law only becomes relevant in a crisis.

Family Law is involved from the very beginning. Legal protections are embedded in the entire fostering journey from care planning and placement decisions to permanence options like SGOs. Whether it’s advocating for sibling contact or ensuring appropriate education support, legal advice can strengthen outcomes, not just solve problems.

Know Your Rights…and Theirs

Fostering is deeply relational work but it’s also legally complex. Understanding your rights, responsibilities and options can protect the children in your care and help those vital relationships flourish.

Get Involved This Foster Care Fortnight

There are many ways to support The Power of Relationships campaign both within and beyond the legal profession. Learn more about foster care from The Fostering Network.

Let’s work together to support the relationships that change lives and ensure the law continues to be a force for family, in every sense of the word.

If you'd like to learn more about how we support foster families or need legal advice tailored to your situation, we're here to help.

Please contact Adrienne Baker via email at [email protected] or call 01254 580000.