Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam)
(Family Division, Cobb J, 14 June 2021)Parental Responsibility – Circumcision – 21-month-old Muslim child – Raised in non-Muslim household of extended family – Mother sought...
R (Care Proceedings Joinder of Foster Carers) [2021] EWCA Civ 875
(Court of Appeal (Civil Division), Baker, Carr, Lewis LJJ, 15 June 2021)Practice and Procedure – Care proceedings – Foster carers joined as party to care proceedings – AppealThe...
The family court’s role in micro managing ‘trivial’ disputes
Sarah Higgins, Partner, Charles Russell Speechlys LLPThe decision in Re (B) (a child) (Unnecessary Private Law Applications) [2020] EWFC B44 dealt with the family court’s role in micro...
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
View all articles
Authors

Sutton v Gray and Others (No 1) [2012] EWHC 2604 (Fam)

Sep 29, 2018, 18:30 PM
family law, Sutton, Gray, 2012 EWHC 2604 Fam, ben butler, ellie butler
The local authority now sought care and placement orders in respect of the second child due to a risk of physical and emotional harm. The parents opposed the application on the basis that the father's convictions had been quashed.
Slug : 2012ewhc2604fam
Meta Title : Sutton v Gray and Others [2012] EWHC 2604 (Fam)
Meta Keywords : family law, Sutton, Gray, 2012 EWHC 2604 Fam, ben butler, ellie butler, serious case review
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 16, 2012, 10:50 AM
Article ID : 100575

[The judicially approved judgment and accompanying headnote has now published in Family Law Reports [2013] 1 FLR 833]

(Family Division, Hogg J, 12 October 2012) 

When 7 weeks old the, now 5-year-old, child suffered a collapse, intracranial, retinal bleedings and previously had suffered burns to her fingers and head while in her father's care. A fact-finding hearing found the father responsible for the non-accidental injuries and that the mother had failed to protect the child. The father was also found guilty under s 20 of the Offences Against the Person Act 1861 and s 1 of the Children and Young Persons Act 1933 but the conviction was subsequently quashed on appeal.

The child was placed with the maternal grandparents under a special guardianship order and had contact with the parents. When the mother fell pregnant again the parents concealed the pregnancy from the authorities and moved to a different area. Six months after the child was born the child and her mother were traced and the child was removed under a police protection order and had since remained in foster care.

The local authority now sought care and placement orders in respect of the second child due to a risk of physical and emotional harm. The parents opposed the application on the basis that the father's convictions had been quashed.

On the medical evidence the local authority failed to prove its case and there was too much strong evidence flowing the other way. Furthermore the parents could provide an innocent explanation which was a medical possibility for all the injuries the 5 year old had suffered. An interim contact was made for the meantime until judgment on a future care plan could be given.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from