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
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
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...
View all articles
Authors

CARE: Re N-F [2009] EWCA Civ 274

Sep 29, 2018, 17:22 PM
Slug : re-n-f-2009-ewca-civ-274
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 7, 2009, 13:48 PM
Article ID : 86237

(Court of Appeal; Thorpe and Hughes LJJ; 10 February 2009)

The parents had a very low level of cognitive functioning. The local authority applied for care orders in relation to 4 of the couple's children. The authority considered that the eldest child would have to go into foster care, but wanted to place the three younger children with the parents, on the basis of a parental contract, setting out all the local authority's requirements. However, the parents refused to sign the document, which was over 3 pages long. At the interim hearing the local authority sought interim care orders in respect of all four children, supported by the guardian, whose position was that the family home was not safe for any of the children, but that the two youngest children were less at risk than the two eldest. The judge made interim care orders in relation to the two eldest children, but granted interim supervision orders instead of interim care orders in relation to the two youngest children. The local authority appealed, supported by the guardian; both submitted that the judge had misunderstood or misrepresented the guardian's evidence.

The appeal was dismissed. The judge had been entitled, despite his misgivings about the mother's credibility, to make the all-important finding that the mother was prepared to, and in practice did, comply with most of the local authority's requirements. The judge was trusting the parents only for a short time, until the final care hearing, and was doing so only subject to supervision and on the basis that in practice the mother was complying with the local authority requirements. Removing children at an interlocutory stage was quite different to removing children after a full hearing of the merits. The court noted that the management of the case by way of a three and half page contract was itself risk-laded, given the cognitive disability of the parents. There were a number of points in the document, which was not only long but detailed, at which the drafter seemed to have gone beyond what had been essentially necessary.

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