Category: Children

Practice Direction (Crown Court: Trial of Children and Young Persons): LCJ 17 Feb 2000

Directions given to ensure that young persons tried in a Crown Court receive a fair trial allowing for their age and understanding. The trial procedure must not expose the child to humiliation or distress, consideration should be given to splitting off of any adult defendants, consideration should be given to the physical layout of the court, and the court’s daily timetables and otherwise.

Citations:

Times 17-Feb-2000

Criminal Practice, Children

Updated: 09 April 2022; Ref: scu.84876

Oxfordshire County Council v S (A Child) (Care Order): FD 11 Nov 1999

An interim care order, whether made here or in a competent court abroad, had the effect of discharging any pre-existing orders for parental responsibility. A non-parent recipient of such a custody or parental responsibility order ceased to have such responsibility on the making of the interim care order.

Citations:

Times 11-Nov-1999

Statutes:

Children Act 1989 8

Children, International

Updated: 09 April 2022; Ref: scu.84513

P v P (Diplomatic Immunity Jurisdiction): FD 2 Mar 1998

A father returning home at end of a diplomatic posting, on his government’s orders had state (not diplomatic) immunity to take the child home with him.

Citations:

Times 02-Mar-1998

Statutes:

Diplomatic Privileges Act 1964

Cited by:

Appeal from – P v P (Diplomatic Immunity: Jurisdiction) CA 25-Mar-1998
A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision. . .
Lists of cited by and citing cases may be incomplete.

International, Children

Updated: 09 April 2022; Ref: scu.84525

P v P (Diplomatic Immunity: Jurisdiction): CA 25 Mar 1998

A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision.

Citations:

Times 25-Mar-1998, Gazette 16-Apr-1998

Statutes:

Child Abduction and Custody Act 1985 8

Jurisdiction:

England and Wales

Citing:

Appeal from – P v P (Diplomatic Immunity Jurisdiction) FD 2-Mar-1998
A father returning home at end of a diplomatic posting, on his government’s orders had state (not diplomatic) immunity to take the child home with him. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 09 April 2022; Ref: scu.84526

Nottingham City Council v October Films Ltd: FD 21 May 1999

There is a need to protect children from exploitation by the media. Film makers who sought to persuade vulnerable children to participate in filming could be required to provide undertakings to the court not further to do so.
Sir Stephen Brown P said: ‘In this case it is apparent from the correspondence, in particular the solicitors’ letters, that the film company and Channel 4 are at pains to assert their democratic right to interview and film children provided that they obtain their individual consent. There appears to be a complete lack of understanding on their part of the position of the director of social services who has a responsible statutory duty to protect young people in his area. It appears to me that the problems in this case have principally arisen from the fact that the film company took the deliberate decision not to alert or to inform the social services of their proposed operations. They approached these children without parental consent or knowledge and indeed without the knowledge of anybody whose duty it was to seek to afford a degree of supervisory assistance to the children. Undoubtedly misunderstandings occurred as a result.’

Judges:

Sir Stephen Brown P

Citations:

Times 21-May-1999, Gazette 09-Jun-1999, [1999] 2 FLR 347

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Lists of cited by and citing cases may be incomplete.

Media, Children, Media

Updated: 09 April 2022; Ref: scu.84375

In Re R (A Child) (Care Proceedings: Teenage Mother): FD 19 Jul 2000

There is no general rule that the baby of a young teenage mother should be adopted. Nevertheless it would not be right to concentrate on the interests of the mother as a child. The unborn child must be given equal consideration, and a twin-track approach to planning must be used. Where appropriate suitable adopters could be identified before the child’s birth, although this must not pre-empt the decision of the court. An interim placement of the child should be determined on evidence as a matter of urgency after the child’s birth.

Citations:

Times 19-Jul-2000

Children, Adoption

Updated: 08 April 2022; Ref: scu.82134

In Re R (A Minor): CA 23 Jul 1996

A father applying for leave to apply for contact after being made subject to an order requiring this as a first step must show that he had and arguable and serious case.

Citations:

Times 23-Jul-1996

Jurisdiction:

England and Wales

Children

Updated: 08 April 2022; Ref: scu.82135

In Re O; In Re J (Minors) (Blood Tests: Constraint): FD 10 Feb 2000

In cases where putative father sought blood tests to establish that he was the father of a child, the unmarried mother could refuse to allow the test to take place. The clear effect of the wording of the sections together was clear and could not be overridden. It may be that the wording denies the child its Human Rights under the new Act, giving allowance now for the greater recognition of the importance of the father’s involvement in the child’s life.

Citations:

Times 22-Mar-2000, Gazette 10-Feb-2000

Statutes:

Family Law Reform Act 1969 20 21(1)(3)

Children

Updated: 08 April 2022; Ref: scu.82087

In Re P (Minor) (Residence Order: Child’s Welfare): CA 11 May 1999

In an application to vary a residence order to return a child to natural from foster parents, no preference was to be given to the natural parents. Their religious views were relevant but not paramount, and a child might be raised in a different religion. A s91 order can properly be made without limit of time or for the period of the court’s jurisdiction over the child under s8.

Citations:

Times 11-May-1999, Gazette 26-May-1999, [2000] Fam 15

Statutes:

Children Act 1989 91(14)

Jurisdiction:

England and Wales

Cited by:

Cited – In re S (Permission to seek relief); In re E (Permission to seek relief) CA 18-Aug-2006
Each father appealed orders under the section restricting conditionally their right to make applications under the Act without permission.
Held: S91 orders must state their term, and the nature of the application to which it related, but must . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.82098

In Re P (Minors) (Contact): CA 15 May 1996

The father appealed an order refusing him direct contact with the child. The judge had made the order because he considered that the mother’s hostility to contact made it likely that her health would suffer if contact was ordered, and that the children’s health would suffer in turn.
Held: The appeal was allowed. Stopping a father’s contact with his child because of the mother’s hostility was wrong if there was no proof of real harm to the child. The evidence in this case did not justify a finding that contact with the father would put the children at serious risk of major emotional harm.

Judges:

Hirst LJ, Wall LJ

Citations:

Times 15-May-1996

Statutes:

Children Act 1989 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Clarke-Hunt v Newcombe CA 1982
Cumming-Bruce LJ discussed the difficulty faced by an appeal court: ‘There was not really a right solution: there were two alternative wrong solutions. The problem for the judge was to appreciate the factors pointing in each direction and to decide . .
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .
Cited – In re F (a Minor) (Wardship: Appeal) CA 1976
Bridge LJ said: ‘The judge was exercising a discretion. He saw and heard the witnesses. It is impossible to say that he considered any irrelevant matter, erred in law or applied any wrong principle. On the view I take, his error was in the balancing . .
Cited – In Re O (A Minor) (Contact: Imposition of Conditions) CA 17-Mar-1995
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount . .
Cited – In re J (a Minor) (Contact) CA 1994
Balcombe LJ said: ‘But before concluding this judgment, I would like to make three general points. The first is that judges should be very reluctant to allow the implacable hostility of one parent (usually the parent who has a residence order in his . .
Cited – G v G (Minors: Custody Appeal) HL 25-Apr-1985
The House asked when a decision, on the facts, of a first instance court is so wrong as to allow it to be overturned on appeal.
Held: The epithet ‘wrong’ is to be applied to the substance of the decision made by the lower court. ‘Certainly it . .
Cited – In Re D (a Minor) (Contact: Mother’s Hostility) CA 1993
Waite LJ: ‘It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.82102

In Re P (Minors) (Contact: Discretion): FD 9 Sep 1998

A failure by a magistrate first to record his reasons in writing before announcing his decision did not vitiate the order made. Much time could be saved by this, and family courts should not get bound up in minor procedural issues. It was within the magistrates’ discretion to order only indirect contact where the mother was implacably opposed to contact.

Citations:

Times 30-Jul-1998, Gazette 09-Sep-1998

Statutes:

Children Act 1989 94

Jurisdiction:

England and Wales

Children

Updated: 08 April 2022; Ref: scu.82104

In Re O (A Minor) (Child Abduction: Custody Rights): FD 24 Jun 1997

The exercise of the full rights and duties of parenthood can give a right of joint custody for the abduction convention purposes.

Citations:

Times 24-Jun-1997, Gazette 25-Jun-1997

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction 1980, Hague Convention on the Civil Aspects of International Child Abduction 1980

Children

Updated: 08 April 2022; Ref: scu.82081

In Re M (Minors) (Child Abduction: Undertakings): CA 15 Aug 1994

A Hague Convention order was not appealable, nor do undertakings fetter the court’s discretion.

Citations:

Times 15-Aug-1994, [1995] 1 FLR 1021

Jurisdiction:

England and Wales

Cited by:

Distinguished. – Walley v Walley CA 22-Jun-2005
An application had been brought for an order to have a child returned to South Africa. The court had given the order subject to the father’s compliance with conditions set out in the order. The father had not complied. The mother sought an order . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.82034

In Re J (A Minor) (Prohibited Steps Order: Circumcision): FD 1 Jun 1999

Male circumcision is a lawful act when carried out for religious reasons. Where there is a dispute between the parents as to whether such a step should be taken, an application should normally be made to the court for a decision. When deciding, the court would look to the welfare of the child as paramount.

Citations:

Times 01-Jun-1999, Gazette 08-Dec-1999

Statutes:

Children Act 1989 13(1)

Children

Updated: 08 April 2022; Ref: scu.81955

In Re L (Minors) (Sexual Abuse: Disclosure): FD 9 Oct 1997

A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived.

Judges:

Bennett J

Citations:

Times 09-Oct-1997, [1998] 1 FCR 258

Citing:

Appealed to – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .

Cited by:

Appeal from – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81990

In Re L (Minors)(Police Investigation) (Privilege): CA 25 Apr 1995

A report voluntarily given to a court hearing care proceedings, may be released to the police.

Citations:

Times 25-Apr-1995

Jurisdiction:

England and Wales

Cited by:

Appeal from – In Re L (A Minor) (Police Investigation: Privilege) HL 22-Mar-1996
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 08 April 2022; Ref: scu.81992

In Re J (Minor) (Isle of Man: Adoption): FD 7 Jun 2000

Because the Isle of Man is not part of the United Kingdom under the Act, proceedings for an adoption of a child from the Isle of Man were an inter-country adoption, and so had to be commenced in the High Court. There was, however, nothing to prevent the High Court transferring the case to the County Court in appropriate situations. The need arose even though the Act envisaged a child subject to a freeing order being placed with a Manx couple with a view to adoption.

Citations:

Gazette 22-Jun-2000, Times 07-Jun-2000, Gazette 15-Jun-2000

Statutes:

Adoption Act 1976 56

Adoption, Children, International

Updated: 08 April 2022; Ref: scu.81961

In Re H (A Child) (Adoption Disclosure): In Re G (A Child) (Adoption Disclosure): FD 8 Jan 2001

There is no necessity that a father without parental rights must be notified of and heard in adoption proceedings. It was a question for each case, and in circumstances where a mother might justifiably refuse to disclose the identity of the natural father, in order to preserve confidentiality, adoption might proceed without the father being identified. Unless the situation was urgent, it would be appropriate for the authority in such circumstances to apply to the court for directions. The right of the father under the Children Act to apply for parental responsibility did not make him a parent under the Adoption Act. The court did however have the discretion to involve the father. He should be informed unless, for good reasons, it was inappropriate.

Citations:

Times 08-Jan-2001

Statutes:

Children Act 1989, Adoption Act 1976

Children, Adoption

Updated: 08 April 2022; Ref: scu.81916

In Re E and Others (Minors) (Care Proceedings: Social Work Practice): FD 10 May 2000

Social workers must learn from earlier cases of failing to deal properly with abusive parenting. They should keep an up-to-date chronology of a case history which should be at the front of the file. No important decision should be made without a full knowledge of the file and consultation with other professionals involved, including health visitors. A decision by a family not to co-operate could not be taken as a reason to close a file.

Citations:

Times 10-May-2000

Children

Updated: 08 April 2022; Ref: scu.81863

In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied.

Citations:

Times 22-Jun-2000

Statutes:

Human Rights Act 1998

Children, Local Government, Human Rights

Updated: 08 April 2022; Ref: scu.81879

In Re C (A Minor) (Child Support Agency: Disclosure): FD 7 Oct 1994

There is no power to use the Child Support Agency to obtain a father’s address. The Children Act is to be used instead. The Secretary of State was not obliged under Child Support legislation to disclose a father’s address.

Citations:

Times 07-Oct-1994, Gazette 09-Nov-1994

Statutes:

Child Support Act 1991 50(6)

Jurisdiction:

England and Wales

Child Support, Children

Updated: 08 April 2022; Ref: scu.81783

In Re D (A Minor) (Residence: Natural Parent): FD 17 Jun 1999

Where contested residence proceedings were bewteen natural, and other potential families, the presumption in favour of the natural parents was such as to require the court not to conduct the balancing exercise. The existence of grounds for concern at returning the child to a natural parent did not affect this.

Citations:

Times 17-Jun-1999, [1999] 1 FLR 134

Cited by:

Cited – CG v CW and Another (Children) CA 6-Apr-2006
A lesbian couple had split up and disputed the care of the children. An order had been made but then, in breach of that order, one removed the children overnight to Cornwall. An argument was made that the court had failed to give proper weight to . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81821

In Re C (A Minor: Contribution Notice): FD 13 May 1993

The father appealed against an order for contribution under the 1989 Act. It was argued that the contributing parent must simply cut his cloth acording to his means, and organise his life to follow first his duty to maintain his child.
Held: The magistrates had not given reasons for their decision, but the court had to endeavour to assist. The Act required the justices to have due regard to the contributors means. The Act set out explicitly the standard to be applied, in para 21(6) and maintenance was not payable save as set out. ‘Essentially the exercise was to assess a contributor’s means by references to the sources of his income and the manner in which he had expended that income. Due regard had to be had to the result of that balancing mathematical exercise and the court clearly had to have regard to wholly unreasonable expenditure. However, provided money was reasonably expended, it did not seem that a value judgment could be superimposed so as to require a court to say that a contributor should not have expended a particular sum of money because of a prior liability to his child. The justices were to allow parents for reasonable and actual expenses when fixing maintenance: ‘The strange state of our law is that there may be a so-called common law duty to maintain, but when one analyses what that duty is it seems effectively to have come to nothing. Like so many rights, the right extends only so far as the remedy to enforce it extends. . . the common law has no remedy. The remedies to enforce a duty to maintain are statutory remedies which are variously laid down in numerous statutes.’

Judges:

Ward J

Citations:

Times 13-May-1993, [1994] 1 FLR 111

Statutes:

Children Act 1989 Sch 2

Cited by:

Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Lists of cited by and citing cases may be incomplete.

Children, Child Support

Updated: 08 April 2022; Ref: scu.81788

In Re C (A Child) (HIV Test): FD 14 Sep 1999

The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention.
Held: There is a presumption that the united view of the parents of a child as to the treatment of the child correctly identified the best interests of the child and should be followed. This follows from section 5. The presumption is however rebuttable, and where the overwhelming evidence was contrary to that of the parents, it could be rebutted. the views of the parents looked at widely and generously were important factors in the decision, even, to some extent, irrespective of the validity of the underlying grounds for those views. The court noted that any applicant for an order had, in effect, to persuade the court that there positive grounds for taking the matter out of the hands of those with parental responsibility for the child. A court invited to over-ride parental wishes had to move extremely cautiously. However, in the instant case the arguments for over-riding the wishes of the parents and for testing the baby were overwhelming. The baby had rights of her own recognised in national and international law, the baby’s welfare was paramount, and in the baby’s interests the test should take place. ‘This baby has rights of her own. They can be considered nationally or internationally. Under our national law I must determine the case by reference to her welfare (s.1(1)); and, in particular, I must have regard to her physical needs (s.1(3)(b)); to her background, namely her mother’s infection (s.1(3)(d)); and to the harm which she is at risk of suffering (s.1(3)(e)). The UK has ratified the United Nations Convention on the Rights of the Child 1989 The Convention does not have the force of law but assists in our interpretation and development of the law. It is interesting to note that, in requiring respect for the responsibilities and rights of the parents, Art. 5 links them to the provision of appropriate direction and guidance in the child’s exercise of her or his own rights.’

Judges:

Wilson J

Citations:

Times 14-Sep-1999, 1999 2 FLR 1004

Statutes:

Children Act 1989 1(5) 5

Cited by:

Cited – A and D v B and E FD 13-Jun-2003
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 08 April 2022; Ref: scu.81768

In Re AB (A Minor) (Medical Issues: Expert Evidence): FD 17 Aug 1994

An expert witness in child abuse cases was to explain all aspects of any controversial theory.

Citations:

Times 17-Aug-1994, (1995) 1FLR 192

Cited by:

Cited – A and D v B and E FD 13-Jun-2003
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue . .
Lists of cited by and citing cases may be incomplete.

Children, Evidence

Updated: 08 April 2022; Ref: scu.81685

In Re A (Children) (Contact: Expert Evidence): FD 27 Feb 2001

In heavily contested contact proceedings, the father had surreptitiously videoed an episode of contact, and his solicitors had sought an opinion from a psychologist, and provided anonymised information in support of the father’s application.
Held: The court must always be asked for permission to obtain expert reports, and the court should direct what assistance it needed. The solicitor should pay the wasted costs, and the father should pay the costs of the contact centre whose integrity he had attacked.

Citations:

Times 27-Feb-2001, Gazette 20-Apr-2001

Statutes:

Family Proceedings Rules 1991 (SI 1991/1247) 4.18 4.23

Legal Professions, Children

Updated: 08 April 2022; Ref: scu.81624

Essex County Council v Regina (Legal Professional Privilege): FD 23 Jul 1993

The court’s duty to a child’s welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children’s Act matter had a positive duty to disclose material documents, including experts’ reports and even where otherwise protected by privilege. If not the court’s assessment of the risks facing a child may be distorted.

Judges:

Thorpe J

Citations:

Ind Summary 16-Aug-1993, Times 18-Aug-1993

Statutes:

Children Act 1989

Children, Family, Legal Professions

Updated: 08 April 2022; Ref: scu.80368

OCC v P: FC 21 Oct 2020

Local Authority’s applications for care and placement orders in relation to A

Citations:

[2020] EWFC B48

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – OCC v P FC 1-Jun-2020
Applications for care orders in respect of A, B and C and placement orders in respect of B and C. They are aged seven years, five years and just over 2 years. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 07 April 2022; Ref: scu.655594

Valcheva v Babanarakis: ECJ 12 Apr 2018

Concept of ‘Rights of Access’ – Applicability To Grandparents – Opinion – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Scope — Concept of ‘rights of access’ – Applicability to grandparents)

Citations:

C-335/17, [2018] EUECJ C-335/17 – O, ECLI:EU:C:2018:242, [2018] EUECJ C-335/17

Links:

Bailii, Bailii

Jurisdiction:

European

Children, Family

Updated: 07 April 2022; Ref: scu.608653

Re W: CA 27 Mar 2018

The parent against whom an application had been made for the return of children said to have been abducted to a foreign jurisdiction said that she anticipated being refused a visa to be allowed to enter the USA to return them under a humanitarian parole visa. If the father left the USA to collect them, it was unlikely that he would be allowed to return.

Judges:

Moylan, Peter Jackson LJJ

Citations:

[2018] EWCA Civ 664, [2018] WLR(D) 192

Links:

Bailii, WLRD

Statutes:

Hague Child Abduction Convention

Jurisdiction:

England and Wales

Children, International

Updated: 07 April 2022; Ref: scu.608367

In re B (Children): CA 27 Mar 2018

Appeal from an order dismissing an application by a mother seeking a summary return of three children to Spain under the Hague Convention on the Civil Aspects of International Child Abduction 1980.

Citations:

[2018] EWCA Civ 614

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 07 April 2022; Ref: scu.608339

Kings College Hospital NHS Foundation Trust v Haastrup and Others (No 2) (Permission To Appeal and for Stay): FD 31 Jan 2018

Citations:

[2018] EWHC 147 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Kings College Hospital NHS Foundation Trust v Haastrup (Withdrawal of Medical Treatment) FD 29-Jan-2018
Application for permission to withdraw medical treatment of seriously ill child. . .
Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 05 April 2022; Ref: scu.605713

Shand, (A Child), Re London Borough of Barking and Dagenham v Richards: FD 8 Nov 2017

Application for committal of child’s grandmother for failure to deliver child in accordance with collection order.
Held: The application was deficient procedurally and failed.

Judges:

Hayden J

Citations:

[2017] EWHC 2863 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Contempt of Court

Updated: 05 April 2022; Ref: scu.598971