Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

CARE PROCEEDINGS: Re MI [2013] EWHC 1073 (Fam)

Sep 29, 2018, 21:10 PM
Slug : care-proceedings-re-mi-2013-ewhc-1073-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 24, 2013, 03:00 AM
Article ID : 103177

(Family Division, Peter Jackson J, 29 April 2013)

The 4-year-old child was removed from his parents' care following the death of his 6-week-old sibling at the hands of their father, who suffered from learning difficulties. The father pleaded guilty to manslaughter. A significant delay in care proceedings had been caused by the criminal investigation and prosecution of the father so a decision on the child's future was needed urgently. In the interim the mother had regular contact with the child.

The issue now remained whether the child could be placed with the maternal great uncle and aunt in Belgium or whether he could be placed with the mother who was in the process of divorcing the father. Just prior to the hearing further information as to the mother's immigration status was made available. The mother originated from Pakistan and due to her pursuing a divorce she could no longer apply for indefinite leave to remain and her ability to stay in the UK rested upon her caring for the child or on him to remaining in long-term foster care.

The local authority supported the placement of the child with the great uncle and aunt. Immigration advice was produced which claimed that if the child were placed in Belgium then the mother would not be entitled to remain in the UK.

The case was finely balanced but the judge narrowly concluded that there was a reasonable possibility that the mother would offer good enough care to the child now and throughout his childhood. The possibility of failure was a real one but the mother had demonstrated capacity to address and overcome the remaining areas of weakness. The local authority would share parental responsibility in order to monitor and offer support as necessary.

In differing from the advice of the social worker and guardian, the judge placed greater weight upon the improvements the mother had demonstrated and the relationship that existed between her and the child.

 

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