Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
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...
How does a jointly held property pass on death?
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...
View all articles
Authors

CARE PROCEEDINGS: Re V (Long-Term Fostering or Adoption) [2013] EWCA Civ 913

Sep 29, 2018, 21:10 PM
Slug : care-proceedings-re-v-long-term-fostering-or-adoption-2013-ewca-civ-913
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 30, 2013, 08:01 AM
Article ID : 103233

(Court of Appeal, Longmore, Black, Gloster LJJ, 23 July 2013)

In care proceedings involving two children, aged 5 and 9, the judge found they had been exposed to physical violence in the parents' relationship and had suffered emotional harm as a result. In addition the father had been imprisoned for sexual offences against four victims ranging from a 16-year-old boy to a disabled woman. The children were removed from the mother's care when it became evidence that her mental health had deteriorated.

Following their removal, the children had supervised contact with the mother and father but on a number of occasions the mother's behaviour had been inappropriate. The local authority care plan was for adoption of the children and it sought care and placement orders. The judge approved the plan insofar as the children should be accommodated but instead ordered the children to be accommodated via long-term fostering rather than adoption, with regular parental contact. The local authority appealed.

The Court of Appeal allowed the appeal. The judge had been wrong to conclude that long-term fostering would serve the best interests of the children. The local authority plan for adoption was approved and care and placement orders were granted.

The trial judge had been persuaded that the children had a strong and valuable relationship with their parents which ought to be preserved. However, the good quality of the father's contact had to be viewed in the context of his inability to care for the children when the mother was having mental health difficulties. The problems with the mother's contact outweighed any potential benefit the father having contact offered the children. 

 

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