Decisions on the short-term future of twin girls adopted over the Internet by a couple from Wales will move to the High Court in Birmingham on Tuesday.
There representatives of the social services will apply for the girls to be made wards of court.
An emergency protection order, which allowed social workers from Flintshire county council to remove the sisters from their adoptive parents, Alan and Judith Kilshaw, on Thursday expires on January 26th.
Flintshire social services have now moved to clarify the children's position. If wardship is granted, the court will become the girls' legal guardian and in the short term they will remain in the care of foster parents in north Wales.
The Official Solicitor will represent the girls in legal proceedings.
Flintshire county council said yesterday the girls - Kimberley and Belinda - were "safe and well" in the care of the foster parents, who are their fourth set of carers during six months of life.
Social services have been unhappy with the publicity surrounding the Kilshaws and defended the decision to remove the twins on Thursday as a "careful, considered and proportionate response to emerging circumstances".
Angered by the actions of social services, the Kilshaws described the impending court proceedings as a "David and Goliath" battle and said they were being hounded by social workers.
Even so, Mr Kilshaw said, the High Court hearing "will give us a breathing space for the court to decide the right outcome of the case".
Mr Allan Levy, QC, an expert in child law, said yesterday that an emergency protection order was usually granted when social workers believed a child was likely to suffer "significant harm" or risked being removed from the area. He told BBC news that the term "significant harm" would be important in court proceedings, as it pointed to the threat of physical, emotional, sexual harm or neglect. However, Mr Levy said he believed the method of adoption would be a "background matter" and the High Court would be primarily concerned with assessing the children's welfare.
The next stage in this distressing drama will be significant, according to the Solicitors' Family Law Association. A spokeswoman told The Irish Times that a hearing at the High Court provided an opportunity for all parties to make their case.
However, if social services decided instead to apply for an interim care order and it was granted, the twins would remain with their foster parents in the short term while their future is considered.
Other options available to the court in those circumstances include returning the sisters to the Kilshaws, the Allens (their US adoptive parents) or the US birth mother, Ms Tranda Wecker.