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 A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
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...
View all articles
Authors

CARE PROCEEDINGS: Re Y and Z (Care Proceedings: Genetic Testing) [2013] EWHC 953 (Fam)

Sep 29, 2018, 21:05 PM
Slug : care-proceedings-re-y-and-z-care-proceedings-genetic-testing-2013-ewhc-953-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 1, 2013, 02:46 AM
Article ID : 102347

(Family Division, Baker J, 25 April 2013)

The two children, aged 3 and 2, were the subject of care proceedings due to the turbulent relationship between the mother and father which was characterised by drug use and domestic violence. The parents separated and the mother obtained non-molestation and occupation orders against the father but a parenting assessment carried out by the local authority concluded that the mother lacked insight into her problems and concerns about the children. She did not have capacity to care for them. Interim care orders were granted and the children were placed in foster care. The local authority care plan was for adoption of both children.

During proceedings the father informed the local authority that his mother and brother suffered from Huntingdon's Disease and that he suspected he did too. The issue was transferred to the High Court for a determination as to whether the welfare of the children required genetic testing to establish if they carried the gene for HD.

The local authority supported the immediate testing of the children due to the likely difficulties in finding prospective adopters without the test results. All other parties to the proceedings were against testing being carried out.

Balancing all of the factors together it was not in the children's interests to carry out testing. There was no conclusive medical evidence of a diagnosis of HD in the father's family. The risk identified by the consensus of medical opinion of emotional and psychological harm if one or both of them had the gene outweighed the risk of harm arising from the likelihood that it would be harder to identify an adoptive placement if both or one child were carriers of the gene.

Each case of this nature would turn on its own facts. The decision in the instant case involved an untreatable condition that was unlikely to develop until mid-adult life but cases involving conditions developing during childhood, which were susceptible to treatment during childhood, would involve a very different balancing exercise. 

 

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