The Supreme Court ~ J (Children) [2013] UKSC 9 and Re B (A Child) [2013] UKSC 33

A difficult area of family law is that relating to Public Law proceedings where the courts are empowered to make orders which could have the result that a child is removed from the natural family. Various recent cases demonstrate all too well some of the profound difficulties involved.

Full post: Law and Lawyers

Re Davies: Family found in contempt for failure to comply with location order

A look at the case Re Davies [2013] EWHC 3294 (Fam).

Full post: Family Lore

‘Family Law Reform: Some Missing Views’ by Rebekah Wilson

"I fear there is another view not being talked about so forcefully within the reform of family justice and in particular care proceedings. These are the views of the current Lord Chancellor, Mr Chris Grayling."

Full post: Garden Court Family Law Blog

Human error in the lab

X Local Authority v Trimega 2013 (this one may make you shudder, as you think of all the cases where scientific results have played a part in the decision).

Full post: suesspiciousminds

A v D: Traversing the threshold to terminate parental responsibility

A brief summary of A v D (Parental Responsibility) [2013] EWHC 2963 (Fam).

Full post: Family Lore

Placement orders v Court of Appeal part 8

Re F (A child) 2013 - Another Placement Order overturned on appeal (not sent back for re-hearing this time).

Full post: suesspiciousminds

Unravelling the Triad

The judgment of Mostyn J in Lancashire County Council and R 2013.

Full post: suesspiciousminds

It isn’t Re JB, it is Re C

The Court of Appeal case I talked about at the weekend, which decided that the original Judge had not been wrong in making a Placement Order (and thus showing that the Court of Appeal aren’t just going to say “no” to every single Placement Order) is now out on Bailli and is Re C (A Child) 2013.

Full post: suesspiciousminds

No wonder you’re late – why this watch is exactly two days slow

Yet more quest for perfection from the President. Mark this well. Re W (A Child) 2013.

Full post: suesspiciousminds

Court orders MMR vaccine for children

The High Court has ruled that two sisters must receive the MMR vaccine against their wishes and the wishes of their mother.

Full post: UK Human Rights Blog

The effect of litigation upon children

A summary of the judgment in S-K (Children).

Full post: Marilyn Stowe Blog

“Dual-planning in final care plans– does it exist post Re B-S?”

Cases in the County Court don’t often make it onto Bailii law reports (though at some impending future time they all will), but this one is interesting and potentially important, not least because it identifies a conflict between two existing Court of Appeal authorities - Re D-R (Children) 2013.

Full post: suesspiciousminds

We’re going to need a bigger bundle”

The Court of Appeal decision in Re W (A child) v Neath Port Talbot Council 2013.

Full post: suesspiciousminds

Yet more Serious Case Reviews

Whatever the collective noun for Serious Case Reviews is (a flurry, a murmuring, an avalanche, a papering, an omphaloskepsis*, a whitewashing?) that’s what we’ve had over the last few weeks.

Full post: suesspiciousminds

A head-scratcher

The decision in Re AW (A Child : Leave to revoke Placement Order : Leave to oppose adoption) 2013 and why it made me blink incessantly whilst trying to figure it out.

Full post: suesspiciousminds

You say “Investing”, I say “embezzling”, let’s call the whole thing off

Suesspiciousminds looks at the Court of Protection case The Public Guardian v C 2013.

Full post: suesspiciousminds

Being a deputy is not a licence to loot

A Court of Protection case has recently tackled the issue of a person with considerable financial means but no capacity to manage her affairs, and the deputies appointed by the Court having made extensive ‘gifts’ from her financial estate and seeking retrospective approval for them: MJ and JM v The Public Guardian 2013.

Full post: suesspiciousminds

Are we learning anything?

A discussion on Serious Case Reviews, Keanu Williams and Professor Ray Jones.

Full post: suesspiciousminds

Capacity to consent to sexual intercourse

Another useful case on this issue from Baker J sitting in the Court of Protection: A Local Authority v TZ 2013.

Full post: suesspiciousminds

Low pain threshold

Lucy Reed considers the guidance on drafting threshold documents.

Full post: Pink Tape

Challenging adoption order using human rights

Where a Court has already made an order that a child may be placed for adoption and that has happened and the prospective adopter has applied for an Adoption Order, in what circumstances can a parent seek to stop it going ahead?

Full post: UK Human Rights Blog

“Eggs, eggs, damn all eggs!”

Judicial wrath about the pervasiveness of the word “concerns” in a care case, and the word being used to mask the lack of substantiated evidence or allegations. Re Avon, North Somerset and Gloucestershire Public Law Case 2013.

Full post: suesspiciousminds

When adoption without consent breaches human rights

Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions in Re B.

Full post: UK Human Rights Blog