Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

Samantha Bangham’s Week in Cases 5 April 2013

Sep 29, 2018, 21:03 PM
Slug : samantha-banghams-week-in-cases-5-april-2013
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 5, 2013, 04:50 AM
Article ID : 102047

Samantha Bangham - Family Law Reporter It has definitely been a week of doom and gloom in the field of family law with the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and I am afraid that I don’t have an awful lot to provide the much needed light relief!

Having said that, a cautionary judgment has been issued by Cobb J in the case of Re L-M (Transfer of Irish Proceedings) [2013] EWHC 646 (Fam), [2013] FLR forthcoming. This case concerned a mother’s attempt to evade care proceedings, which had already taken place in England regarding her older three children, who were no longer in her care, in respect of her unborn child by escaping to Ireland. Her plan failed and proceedings were initiated upon the child's birth. The parents returned to England and now sought a transfer of proceedings to this jurisdiction. The decision was more straight forward as all parties were in agreement that England was the most appropriate jurisdiction to hear the substantive welfare matters and that it was in the best interests of the child to take that course. The judge sought to highlight the fruitlessness of attempts by parents such as these to avoid State intervention where there was real and ongoing concern for the welfare of the children.

In another care case Re N (Placement Order: Alternative Option to Adoption) [2013] FLR forthcoming, the Court of Appeal was concerned with one child out of a sibling group of four, the three oldest children were already made subject to final care orders, but a case was put forward for the maternal grandmother to be considered as a long-term carer of the youngest child. The judge noted that the possibility had been raised but proceeded to make final care and placement orders due to the fact that the local authority would need to conduct further investigations of her capacity. The mother succeeded on appeal in setting aside the placement order on the basis that there was an alternative to adoption and, therefore, it was not possible to satisfy the requirement of s 52(1)(b) of the Adoption and Children Act 2002.

In a judgment of Theis J, LA v DG and Others [2013] EWHC 734 (Fam), [2013] FLR forthcoming, care proceedings took place in relation to six young Slovakian children due to chronic neglect. They had suffered from malnutrition and rickets in circumstances of severe poverty and social deprivation. While the judge expressed her sympathy for the situation the family had found themselves in, Theis J found that the parents had nevertheless failed to meet the children’s needs by for example attending medical appointments. The child were now thriving in foster care and the oldest three children were clear in their wishes not to return home. The parents had been unable to attend the final hearing due to returning to Slovakia without warning and they had remained there for 5 months as they were unable to fund a return trip. The judge was satisfied that the threshold criteria had been met in relation to both past and future significant harm and the order which met the paramount needs of the children was a final care order.

This hasn’t been the light-hearted, laugh-a-minute piece I had intended. Where is the proverbial ferret-farming, flamenco-dancing ex-husband when you need him? Until next week...

Samantha Bangham is the Law Reporter for Family Law Reports. Judgments can be submitted for consideration via: editor@familylaw.co.uk.

She can be contacted on Twitter: @ladybangham, or connect with her on LinkedIn.

The content of this article should not be considered as legal advice.

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