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
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...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

CARE/ADOPTION: Re C (Adoption: Best Interests of Child) [2009] EWHC 499 (Fam)

Sep 29, 2018, 17:33 PM
Slug : re-c-adoption-best-interests-of-child-2009-ewhc-499-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 18, 2009, 06:26 AM
Article ID : 88309

(Family Division; Sir Mark Potter P; 18 March 2009)

Before birth the child was entered onto the child protection register, because of concerns over the parents' ability to cope with the child. The father had a history of alcohol abuse and of domestic violence, while the mother had mental health issues and a long term drug habit. After the birth the mother struggled to care for the child in the mother and baby unit in which she was placed; subsequent residential assessments of the parents as a couple raised concerns about the parents' relationship. Some weeks after the local authority began care proceedings, the parents separated and the family assessment stopped. On the following day the child was placed in foster care. The final care plan was for adoption, and the authority, supported by the guardian, applied for a placement order. The father opposed adoption, and argued instead for a community based assessment of himself as the child's sole carer, by reference to a report from an independent social worker. There was evidence of the father's continued alcohol dependence, and of further incidents of violence between the parents, one of which had resulted in the father's arrest. The family proceedings court made a care order and an adoption placement order, finding that the father would be unable to manage future incidents with the mother and would not be able to keep the child in a stable, consistent and secure environment. The father appealed, claiming that justices had focused on claims about his alcohol misuse and violence without sufficient regard for the evidence before the court. The father's appeal was dismissed. The justices had, as required, conducted a balancing exercise as to what was in the child's best interests, bearing in mind the welfare checklist and the child's age. The mere fact that the justices' reasons had not contained a detailed analysis of the evidence placed before the court, and had not identified particular passages or aspects of the evidence relied on, formed no valid basis for appeal.

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