Family proceedings Human Rights. The Family Division granted an application for a declaration by a 16 year old person that the adoptive parents receive no information about his day-to-day life, nor about how his gender reassignment treatment was progressing. In so doing the judge engaged in a balancing of the parties respective rights under art 8 of the European Convention of Human Rights.
Family proceedings Orders in family proceedings. A local authority had sought care orders in respect of two children, but the Recorder granted an order in respect of one child only. The Court of Appeal, Civil Division, allowed the authority's appeal as the Recorder had erred in finding that the threshold criteria had not been crossed in respect of the other child and had erred in his approach towards making findings of fact.
Family proceedings Orders in family proceedings. On the mother's application, it was ordered that all contact between the father and his daughter was suspended indefinitely and an order was made, under s91(14) of the prohibiting the father from making an application for contact or any order under s8 of the Act in respect of his daughter, without the leave of the court, until December 2019. Those orders had been made in the absence of the father. The Court of Appeal, Civil Division, allowed the father's appeal and remitted the case for rehearing.
Family proceedings Orders in family proceedings. The mother appealed against: (i) an order under of the Children Act 1989, prohibiting her from making any further applications without the court's permission until August 2018; and (ii) an order that the father was to make the children available to receive indirect contact from her on a fortnightly basis. The Court of Appeal, Civil Division, in dismissing the appeal, held that it could not be shown that the judge had been wrong in his conclusion as to contact. He had also been right in concluding that the children needed the protection of the permission filter in relation to any applications the mother might consider making under any provision of the Act for a substantial period of time.
Divorce Appeal. The wife in divorce proceedings applied for permission to appeal out of time for a consent order to be set aside on the grounds of material non-disclosure. The Family Division gave permission to appeal out of time and allowed the appeal where there had been a breach of the duty of full and frank disclosure.
Family Proceedings Orders in family proceedings. The Family Court made a placement order in respect of a young child, who was approaching seven months old. In the circumstances, it was clear that it was overwhelmingly in the child's interests for such an order to be made and nothing else would do.
Family proceedings Orders in family proceedings. The local authority applied for care orders in respect of two children. The authority pursued findings that bruising sustained by one of the children had been inflicted upon him either by the mother or her partner. The Family Court, in dismissing the applications, held that the broad canvas of the evidence demonstrated that, on the balance of probabilities, the bruising sustained by the child had been accidental. In light of that conclusion, and in circumstances where those allegations represented the only issue that the local authority had with the care of the children by their mother and her partner, the threshold criteria, under of the Children Act 1989, were not satisfied.
Family proceedings Orders in family proceedings. The Family Division, in the mother's absence, made special guardianship orders in favour of the maternal grandparents, together with 12 month supervision orders in favour of the local authority in respect of each of the three children. Parental responsibility for two of the children were plainly made out in the case.
Family proceedings Orders in family proceedings. In a family case in which the parents had married young and which involved high levels of parental conflict, the Family Division made various orders and held that the case was really an issue about contact, which the court would ensure took place.
Family proceedings Orders in family proceedings. The local authority issued care proceedings concerning a seven-year-old boy, N, who was the subject of a shared residence order. The issue for the Family Court was whether N should be removed from the care of his parents. It held that N had suffered and continued to suffer significant emotional harm. Persisting with the present shared care arrangement was not in his present welfare interests and placement with his father was inappropriate. Accordingly, the change required was that N be removed from the care of his parents and placed with experienced foster carers.