Cases Archive

Care proceedings brought in relation to a child whose father had killed her mother. Issues in the case: whether the child should continue to reside in foster care under the auspices of a Care Order; and the arrangements for contact between the child and her grandparents.

Local Authority criticised by the Judge for its conduct in care proceedings, which conclude by way of a Supervision Order and a Residence Order for the child to live with the father.

Father appealed successfully against the making of Care and Placement Orders on the basis that the judge at first instance had failed to base that decision on proper evidence and reason sufficiently in her judgment. Furthermore, the Court of Appeal considered, in what was a highly fact-specific scenario, that the circuit judge was wrong not to direct a further assessment of the father in light of his change of circumstances. Appeal unanimously allowed and costs ordered in favour of the Appellant father.

Final hearing of private law proceedings, which had the involvement of two local authorities and the children being represented by their Guardian. The Court made a Shared Residence Order and Supervision Order, finding the threshold criteria to be crossed. Finally, the Court made an Order by consent pursuant to s.91(14) Children Act 1989, preventing either parent from making a further application in respect of the child for two years without the Court’s permission.

Care Order made where independent social worker supporting parents application to adjourn proceedings for further assessment of mother in Pakistan

Use of gametes without consent and protective cost orders.

Whether an Order dealing with temporary removal from the jurisdiction was a final order concerning matters of parental responsibility within the meaning and understanding of Brussels II Revised.

Disclosure — Serious sexual abuse allegations against the father — Contact with child suspended — Accuser suffered poor mental and physical health — Whether the balance fell in favour of disclosure