08 NOV 2012

CARE PROCEEDINGS: Re N (Care Proceedings: Adoption)

(Court of Appeal, Hallett, McFarlane LJJ, 31 October 2012)

During care proceedings the judge made an order that the children be placed for adoption after accepting the submissions of the guardian and hearing evidence of the mother's ability to parent. She heard no submissions from the parents and refused permission for extra evidence to be filed after the hearing. The mother appealed and claimed a breach of her rights under Art 6 of the European Convention.

In granting such a Draconian order the judge had acted over robustly and gone beyond what was permissible. Appeal allowed; order set aside. The matter would be remitted for rehearing.

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters