Cases Archive

Contact – Parental responsibility – History of abusive criticism of mother by father’s family – Father showing commitment, attachment and concern for severely disabled child – Whether potential misuse of parental responsibility justified refusal.

Care – Natural father – Application to be joined as party – Delay – Right to family life – Right of access to courts

Human rights – Right to respect for family life – Right of access to courts – Application to be joined as party to care proceedings – Father’s 18-month delay in making application – Whether delay justified denial of father’s access to court.

Nullity – Void marriage – Man applying for decree of nullity on ground that wife not female at time of marriage – Proper biological test to be applied.

Care – Care Plan – Twin-track planning – Concurrent planning – Young teenage mothers – General guidance

Local Authority – Voluntary arrangements – Parental responsibility – Child accommodated under voluntary arrangement – Local Authority seeking to move her to foster family against parents’ wishes – No power to do so

Appropriateness of the court making a Guardianship order in respect of 16 year old girl with Learning Difficulties- whether criteria fulfilled- on appeal CA held that wardship was appropriate.

Abduction – Non-Convention country – Welfare of child – Muslim law – Mother not entitled to care for children because of remarriage – Whether application of Muslim law compatible with welfare of children.

The House of Lords considered the appropriateness or not of a freeing order being in place where there were no prospects of adoption- leaving the child in limbo- and decided that it was not appropriate in those cases to have a freeing order. Care order substituted.