Wardship And Inherent Jurisdiction: Children Law Issues In England And Wales

• Published date: 01 June 2023
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Weightmans
• Author: Ms Kirsty Leedam and Linzi Perriman

What is warship and what grounds apply for a child to be made a ward of court?

What is wardship?

When a child is made a ward of court, wardship is the name given to the type of court proceedings. When this happens, the court becomes the legal guardian of the child and the child a 'ward of court'.

The court will have parental responsibility for that child for the period that child is a ward of court. This means "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Who can be made a ward of court?

A child aged under the age of 18 can be made a ward of court. Wardship only applies to children who are British citizens physically present in England and Wales or who have habitual residence in England or Wales. Any applications to the family courts can only be made once a child is born.

When will a child be made a ward of court?

Wardship is often granted in serious, complex or unusual cases. The court can exercise its inherent jurisdiction to make any order or determine any issue in respect of a child.

International cases: Wardship is often instigated where there are disputes concerning children with an international element.

Risk of danger: Sometimes wardship is started because a child has been removed from their parent or the child is vulnerable, subject to a safeguarding risk, or in danger. The court will ensure that the child is protected and looked after.

Child abduction: An order for wardship can be useful in cases where a child has been wrongfully removed from the jurisdiction to certain countries. These cases are more commonly known as child abduction. An order from the High Court of this nature can carry great weight in the country to which the child has been removed and can assist in returning a child.

Medical treatment: wardship is also used in cases in disputed...