Category: Children

Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 Sep 2015

The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person.
Held: It could not.

Sir James Munby P FD
[2015] EWFC 73
Bailii
Human Fertilisation and Embryology Act 2008 54(1), Human Rights Act 1998 3(1)

Children, Health

Updated: 03 January 2022; Ref: scu.552027

A Local Authority v XYZ (No 2): FC 3 Jul 2015

Care proceedings and an application for a placement order in relation to a young boy, Y. He is coming up to seven months old.

Moor J
[2015] EWFC 70
Bailii
England and Wales
Citing:
See Also – A Local Authority v XYZ (No 1) FC 1-Jul-2015
Care proceedings and an application for a placement order in relation to a young boy, Y, six months old. . .

Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 03 January 2022; Ref: scu.551003

In re L-K: CA 30 Jul 2015

Local authority’s appeal against a determination in care proceedings in relation to two boys, R (who has just turned 6 years old) and M (who is 16 months old). The Recorder made various findings of fact in relation to the treatment of the children by their mother (the mother) and her partner, who is M’s father. He went on to find the section 31 threshold satisfied in relation to R but not in relation to M. The proceedings were discharged in relation to M.

Elias, Black, King LJJ
[2015] EWCA Civ 830
Bailii
England and Wales

Children

Updated: 03 January 2022; Ref: scu.550941

KK (A Child), Re Judicial Review: FDNI 10 Jun 2013

Maternal Grandparents sought a declartion requiring the return to Latvia of their grandson, who had been brought forcibly to NI by his mother, he having lived with them in Latvia for several years.

Maguire J
Bailii
Child Abduction and Custody Acy 1985, Convention on the Civil Aspects of International Child Abduction
England and Wales
Citing:
Cited – In Re B (A Minor)(Child Abduction: Consent) CA 9-May-1994
A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to . .

Cited by:
See also – In re K (A Child) SC 15-Mar-2014
Rights of Custody under Convention
The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child . .

Lists of cited by and citing cases may be incomplete.

Children, Northern Ireland, International

Updated: 03 January 2022; Ref: scu.550933

Re Y (A Minor : Wardship): FD 17 Mar 2015

Application for wardship – Y thought to be at risk within family committed to Jihad in Syria.

Hayden J
[2015] EWHC 2098 (Fam)
Bailii
England and Wales
Cited by:
See Also – Re Y (A Minor : Wardship) FD 23-Apr-2015
Application concerning a young man, Y, who is 16 years of age. The local authority were seeking permission to make Y a ward of court and, either alternatively or in addition, to seek to protect him under the inherent jurisdictional powers of the . .

Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 03 January 2022; Ref: scu.550907

Re A and B (No 1 – Fact Finding Judgment): FD 20 Apr 2015

Fact finding hearing in the context of a parental order application made by the commissioning parents of twin girls C and D, who are now 3 years old. The commissioning parents are A and B.

Theis DBE J
[2015] EWHC 1059 (Fam)
Bailii
England and Wales
Cited by:
See Also – A and B (No 2 – Parental Order) FD 17-Jul-2015
The court was asked to deal with the legal consequences for two very young children following a foreign surrogacy arrangement. Since their birth they had been cared for by either, or both, the commissioning parents. Yet, subject to the outcome of . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 January 2022; Ref: scu.550908

Re Y (A Minor : Wardship): FD 23 Apr 2015

Application concerning a young man, Y, who is 16 years of age. The local authority were seeking permission to make Y a ward of court and, either alternatively or in addition, to seek to protect him under the inherent jurisdictional powers of the High Court. There was a further application that the mother be joined as a respondent to the proceedings as would Y himself. Y is a particularly vulnerable young person. He has grown up within a family where there has been a passionate commitment to waging Jihad in Syria amongst the male members of the family. It is a striking feature of the history that two of Y’s brothers have already died, as the family would no doubt see it being martyred, in that war, as was a close friend of the family. Y’s uncle was a detainee in the Guantanamo Bay Detention Centre in Cuba and his incarceration there was the subject of a great deal of media attention, particularly in Brighton where this family are based.

Hayden J
[2015] EWHC 2099 (Fam)
Bailii
England and Wales
Citing:
See Also – Re Y (A Minor : Wardship) FD 17-Mar-2015
Application for wardship – Y thought to be at risk within family committed to Jihad in Syria. . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 January 2022; Ref: scu.550909

A and B (No 2 – Parental Order): FD 17 Jul 2015

The court was asked to deal with the legal consequences for two very young children following a foreign surrogacy arrangement. Since their birth they had been cared for by either, or both, the commissioning parents. Yet, subject to the outcome of this application, their legal parents are the surrogate mother and her husband, who live in India and have had no involvement with the children since their birth.

Theis J
[2015] EWHC 2080 (Fam)
Bailii
England and Wales
Citing:
See Also – Re A and B (No 1 – Fact Finding Judgment) FD 20-Apr-2015
Fact finding hearing in the context of a parental order application made by the commissioning parents of twin girls C and D, who are now 3 years old. The commissioning parents are A and B. . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 January 2022; Ref: scu.550911

X v Y v St Bartholomew’s Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent): FC 13 Feb 2015

The required Form PP was not on the clinic’s file. Theis J set out four issues which accordingly arose: (1) Did X sign the Form PP so that it complied with section 37(1) of the 2008 Act? (2) If X did, was the Form PP subsequently mislaid by the clinic? (3) Was the treatment ‘provided under a licence’ as required by section 37(1)? (4) If the Form PP form was not signed can the court ‘read down’ section 37(1) to enable the court to make the declaration of parentage sought?
Held: ‘I have concluded, on the facts of this case, that it is more likely than not that X did sign the PP form on 26 October 2012, and it has subsequently been mislaid by the clinic. I have also concluded, in the circumstances of this case, the failure by the clinic to maintain records did not amount to a breach of the licence so as to invalidate it, so that the treatment was ‘provided under a licence’ as required by s. 37(1).’
Theis J summarised the statutory record requirements: ‘Section 12(1)(d) HFEA 1990 provides that one of the conditions of every licence granted is that ‘proper records shall be maintained in such form as the Authority may specify in directions’. Direction 0012 requires licensed centres to maintain for a period of 30 years certain specific records, including ‘all consent forms and any specific instructions relating to the use and/or disposal of gametes and embryos’ (paragraph 1(f)). Licence condition T47 provides ‘All records must be clear and readable, protected from unauthorised amendment and retained and readily retrieved in this condition throughout their specified retention period in compliance with the data protection legislation’. At paragraph 31.2 of the guidance it provides ‘A record is defined as ‘information created or received, and maintained as evidence by a centre or person, in meeting legal obligations or in transacting business. Records can be in any form or medium providing they are readily accessible, legible and indelible’.’
It is clear from the findings I have made about the clinic not keeping the PP form for X that the CRM is in breach of Direction 0012.’

Theis J
[2015] EWFC 13, [2016] PTSR 1
Bailii
Human Fertilisation and Embryology Act 2008
England and Wales
Cited by:
Cited – In the matter of the Human Fertilisation and Embryology Act 2008 ; A and Others FD 11-Sep-2015
The court was asked: ‘who, in law, is or are the parent(s) of a child born as a result of treatment carried out under this legislation’
Held: The court pointed again to the failures to keep proper records within several fertility clinics. . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Children

Updated: 03 January 2022; Ref: scu.542927

E and F (Minors : Blood Transfusion): CA 14 Dec 2021

Appeals brought by two young persons from orders made by judges of the Family Division in which it was declared under the inherent jurisdiction that, although the young persons were competent to decide whether to consent to or refuse medical treatment in the form of blood transfusion, it would nevertheless be lawful for their doctors to administer blood to them in the course of an operation if that became necessary to prevent serious injury or death.

The President of the Family Division,
,
Lord Justice Peter Jackson,
,
And,
,
Lady Justice Nicola Davies
[2021] EWCA Civ 1888
Bailii
England and Wales

Children, Health

Updated: 03 January 2022; Ref: scu.670459

Re K (1980 Hague Convention) (Lithuania): CA 14 Jul 2015

Appeal by a mother against the order that E, her 11 year old daughter, be returned to Lithuania forthwith pursuant to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction 1980

[2015] EWCA Civ 720
Bailii
Hague Convention on the Civil Aspects of International Child Abduction 1980 12
England and Wales

Children, International

Updated: 02 January 2022; Ref: scu.550305

Cunningham, Regina (on The Application of) v Hertfordshire County Council and Another: Admn 8 Jul 2015

The Claimant challenges the failure of the Defendant local authority to provide her with support in her care of a looked after child, namely her grandson, R, in breach of its duty so to do under sections 20-23 of the Children Act 1989.

Kickinbottom J
[2015] EWHC 1936 (Admin)
Bailii
Children Act 1989 20 21 22 23

Children, Local Government

Updated: 02 January 2022; Ref: scu.550017

Grabowski v Poland: ECHR 30 Jun 2015

ECHR Article 5-1
Lawful arrest or detention
Continued detention without a judicial decision of a juvenile subject to correctional proceedings: violation
Article 46
General measures
Respondent State required to take legislative measures to stop the practice of detaining juveniles subject to correctional proceedings without a judicial decision
Facts – The applicant, a minor at the time, was arrested on 7 May 2012 on suspicion of committing a number of armed robberies. He was initially detained in a police establishment for children and then, by way of a court order, was placed in a shelter for juveniles for a period of three months (until 7 August 2012).
In July 2012 a district court ordered that his case be examined in correctional proceedings under the Juvenile Act. Once such an order is issued, the family courts’ common practice in Poland is not to issue a separate decision extending the placement in a shelter for juveniles. The family courts consider that such an order constitutes of itself a basis for extending the placement of a juvenile in a shelter.
Upon the expiry of the three-month period of his detention, the applicant applied for release. However, in a decision of 9 August 2012, the district court dismissed his application excluding the possibility of any alternative security measure on the ground that he had been accused of committing criminal acts with the use of a dangerous object.
The applicant remained in the shelter until the judgment in his case was delivered on 9 January 2013 in the correctional proceedings. In that judgment the district court found that the applicant had committed the offences of which he stood accused and ordered his placement in a correctional facility, suspended for a two-year probationary period. That judgment was not appealed against and became final.
Law – Article 5 – 1: Between the date the order placing the applicant in a juvenile shelter expired (7 August 2012) and the district court’s decision of 9 January 2013 ordering the applicant’s release, there had been no judicial decision authorising the applicant’s continued detention. During that period the applicant had continued to be detained in a shelter for juveniles solely on the basis of the fact that a judge had issued an order referring the applicant’s case for examination in the correctional proceedings under the Juvenile Act.
The Juvenile Act, by reason of the absence of any precise provisions requiring the family court to order the prolongation of the placement of a juvenile in a shelter for juveniles once the case is referred to correctional proceedings and when the earlier decision authorising the placement in the shelter for juveniles expires, did not satisfy the test of the ‘quality of the law’ for the purposes of Article 5 – 1. The deficient provisions of the Juvenile Act at the relevant time permitted the development of a practice where it was possible to prolong the placement in a shelter for juveniles without a specific judicial decision. Such practice was in itself contrary to the principle of legal certainty. The applicant’s detention was therefore not ‘lawful’ within the meaning of Article 5 – 1.
Conclusion: violation (unanimously).
Article 5 – 4: The decision of 9 August 2012 dismissing the applicant’s application for release had not explained the legal basis for his continued detention in the shelter for juveniles, but simply referred to the fact that he was accused of serious criminal acts. Those reasons had been perfunctory and, more importantly, had not addressed the crucial argument of why the applicant’s continued detention in the shelter for juveniles had not been based on a judicial decision.
Conclusion: violation (unanimously).
Article 46: The problems detected in the instant case could subsequently give rise to other well-founded applications and called for general measures at national level. Indeed, certain statistics indicated that, as of December 2012, there were apparently 340 juveniles placed in shelters in a similar situation to that of the applicant. Moreover, the issues identified in his case had already been raised in 2013 by the Ombudsman and brought to the attention of the Minister of Justice, who had agreed that the existing practice was unsatisfactory and required legislative amendment. However, no specific action had so far been taken by the Government. Poland had therefore to take legislative or other appropriate measures to stop the practice of detaining juveniles, who were subject to correctional proceedings, without a specific judicial decision and to ensure that each and every deprivation of liberty of a juvenile was authorised by a specific judicial decision.
Article 41: EUR 5,000 euros in respect of non-pecuniary damage.

57722/12 – Legal Summary, [2015] ECHR 646
Bailii
European Convention on Human Rights
Human Rights

Human Rights, Prisons, Children

Updated: 02 January 2022; Ref: scu.549944

GW v MW: FC 17 Jun 2015

Application by the father to which the respondent is the mother as to two children: J, aged six, and B, aged three. The application is to enforce a contact order. That order, amongst other things, contemplated contact taking place between the father and the children both in England and in Spain.

Peter Jackson J
[2015] EWFC 56
Bailii
England and Wales

Children

Updated: 02 January 2022; Ref: scu.549925

S v B and Y (A Minor): FD 4 May 2005

The English mother and a New Zealander returned to New Zealand with her son, and their own daughter was born there. The mother and children returned to England for a holiday but when the son said he did not wish to return, the mother decided to stay here. The father sought the return of his daughter to New Zealand under the Hague Convention.
Held: The daughter was to be returned to New Zealand. Other family interests could not be subordinated to the family interest for which protection was sought under the Convention. The daughter clearly had art 8 rights to a family life, and an order for her return would infringe her human right to a family life with her mother. It was important in these cases for the parties to have their respective interests separately represented.

Sir Mark Potter
Times 17-May-2005, [2005] EWHC 733 (Fam)
Bailii
European Convention on Human Rights 88, Hague Convention on the Civil Aspects of International Child Abduction 1980
England and Wales

Children, Human Rights

Updated: 02 January 2022; Ref: scu.224918

P, C and S v United Kingdom: ECHR 2002

The local authority had obtained the issue of an Emergency Protection Order under the 1989 Act to remove a child at birth.
Held: Where the possibility of harm arose from the mother introducing something into the child’s system (such as a laxative) that did not justify separating mother and child.

[2002] 2 FLR 631, (2002) 35 EHRR 31
Children Act 1989, European Convention on Human Rights
Human Rights
Cited by:
Cited – In re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
Cited – Down Lisburn Health and Social Services Trust and Another v H and Another HL 12-Jul-2006
The House considered when adoption law would allow an adoption without the consent of the birth parent where there had been some continuing contact between that parent and the child.
Held: (Baroness Hale dissenting) The appeal against the . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 02 January 2022; Ref: scu.241300

Re S-B (Children): CA 9 Jul 2015

Appeal by RS (the mother), against a child arrangements order dismissing her aplication for prohibited steps order in relation to R and M, the children of the marriage between the mother and HS, the father.

Etherton Ch, Macur, King LJJ
[2015] EWCA Civ 705
Bailii
England and Wales

Children

Updated: 01 January 2022; Ref: scu.549779