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 R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
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