The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
CARE: Staffordshire County Council v VW  EWHC 1982 (Fam)
Sep 29, 2018, 17:32 PM
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article :
Prioritise In Trending Articles :
Sep 21, 2010, 11:35 AM
Article ID :91427
(Family Division; McFarlane J; 28 July 2009)
The local authority claimed that certain of the child's unique symptoms were the result of rough handling by the family and applied for a care order.
Two weeks into a hospital stay, x-rays revealed fractures to the ribs and legs as well as swelling in the head. The family argued that the fractures were a result of physical interventions by the medical team. Previous scans/x-rays during the hospital stay had shown no injury to the skull or ribs.
It was not necessary for court to make positive findings on possible causes of the injury, just to decide whether on balance of probability they were caused by the family.
There was a possibility that staff had held child down in order to keep a medical tube in while the child was having a fit. The court established that the hospital records and recollection were not as good as they should have been and there was no evidence that the head swelling was caused non-accidentally.
The court made positive findings as to parents' credibility. None of the allegations relied upon by the local authority were proved. It followed that the statutory threshold criteria in Children Act 1989, s 31 was not satisfied with respect to the child and the local authority's application for a care order was dismissed.
Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.
They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.