What is an intervenor in family court care proceedings?

In family court care proceedings, understanding the role of an intervenor is vital for anyone involved. An intervenor is a person who, while not a direct party to the case, may be affected by the outcome and is granted permission by the court to participate in specific aspects of the proceedings.

Why intervenors are involved

The most common reason an intervenor is involved is when they may be implicated in allegations of harm or injury to a child, such as a non-accidental injury. The court grants intervenor status to ensure that all relevant parties are heard and that the court has a complete understanding of the situation. This is particularly important in care proceedings, where the welfare of the child is the primary concern.

Who can be an intervenor?

Intervenors can include anyone who had care of the child or was present when an incident occurred, or anyone with a significant interest in the child’s welfare. Examples include:

• Family members such as grandparents or siblings.
• Friends, neighbours, or babysitters.
• Anyone directly involved in the child’s care at relevant times.

Essentially, the court allows anyone whose involvement could provide relevant insight to participate as an intervenor.

Responsibilities of an intervenor

An intervenor may be required to:

• Attend hearings, including fact-finding hearings.
• Provide statements regarding their observations or involvement.
• Give evidence when requested by the court.

Their input often helps the court determine the circumstances surrounding allegations of harm or other matters concerning the child.

Rights of an intervenor

An intervenor is not powerless in proceedings. Their rights include:

• Defending themselves against any allegations made.
• Presenting their own case to the court.
• Instructing a solicitor for legal representation.
• Accessing relevant court documents related to the proceedings.

Legal aid for intervenors

Legal aid may be available to an intervenor, but it is not automatic. Eligibility depends on their income and the merits of their case. Solicitors experienced in family law can advise whether legal aid is a viable option and assist in applying for it.

How Fosters Solicitors can help

If you have been asked to participate in care proceedings as an intervenor, obtaining legal advice immediately is crucial. Fosters Solicitors’ Family & Children department offers:

• Expert legal guidance tailored to the intervenor’s role.
• Support and advocacy throughout emotionally challenging proceedings.
• Assistance with preparation of statements and evidence.

Our solicitors ensure that intervenors understand their rights and responsibilities and can confidently participate in hearings while protecting the child’s best interests.

Case scenario

Consider a scenario where a grandparent provided childcare for their grandchild whilst their parents were at work. The parents attended A&E after the child became unwell and the hospital believed that the child had suffered a non-accidental injury. Because the grandparent had been caring for the child in the timeframe that the hospital felt the injury happened, they would be invited by the court to be an intervenor to the court proceedings. The grandparent would be able to provide helpful information that would assist the court in deciding what had happened and whether or not the injury was in fact non-accidental and who was responsible.

Expert insights

• Legal experts recommend early engagement with a family solicitor to understand the intervenor role.
• Judges value clear, factual statements and evidence from intervenors that focus on the child’s welfare.
• An intervenor must remain impartial and focused solely on assisting the court.

Our specialists have a wealth of experience and knowledge in handling all aspects of family law and its complexities – including supporting those acting as intervenors and families navigating care proceedings.
We understand that needing a family lawyer will likely be the most important legal advice you will ever seek. That’s why our expert, friendly team can offer you confidential, informative advice and assistance, in an environment you can trust. Contact us for more information.

Benefits and challenges

• Benefits:
  • Provides the court with additional perspective.
  • Ensures relevant parties are heard.
  • Supports accurate fact-finding.
• Challenges:
  • Participation may be stressful or emotionally challenging.
  • Requires careful adherence to legal procedures.
  • Limited influence in decision-making as an advisory party.

FAQs

1. What is an intervenor in care proceedings?

An intervenor is a person who, while not a direct party to care proceedings, may be affected by the outcome and is granted permission by the court to participate in specific aspects of the case.

2. Who can be an intervenor?

Anyone with a significant interest in the child’s welfare or who was involved in the child’s care at relevant times may become an intervenor, including:

1. Family members
2. Friends or neighbours
3. Babysitters or carers

3. What do intervenors have to do?

An intervenor may need to attend hearings, provide statements, and give evidence, especially during fact-finding hearings where the circumstances of any harm to the child are determined.

4. What rights do intervenors have?

Intervenors can defend themselves against allegations, present their case, instruct a solicitor, and access relevant court documents.

5. Can intervenors get legal aid?

Legal aid may be available depending on the intervenor’s income and the merits of the case, but it is not guaranteed.

This article was produced on the 7th November 2025 for information purposes only and should not be construed or relied upon as specific legal advice.