In re K (Children): CA 27 Jul 2005

The mother appealed an order that her younger son be placed in care and freed for adoption. Hers and her children’s lives had been chaotic. Nevertheless she complained that she had not been given the opportunity to demonstrate her ability to care for her son. She sought an assessment under s38(6). The judge had concluded ‘I was left with the feeling of a superficial picture of how she functions and of a lady who simply does not understand the consequences of her impulsive and irresponsible behaviour and the way in which this impacts upon the welfare of the children. I accept the evidence which clearly demonstrates that D would be at risk of harm to his development if he were cared for by his mother.’
Held: There was no evidence of any harm having come to her son. However her personality difficulties demonstrated a substantial risk. The mother was well intentioned but impulsive. The judge’s conclusion was supported by the evidence, and would not be set aside.


[2005] EWCA Civ 961




Children Act 1989 38(6)


England and Wales


CitedIn re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Lists of cited by and citing cases may be incomplete.

Children, Adoption

Updated: 07 July 2022; Ref: scu.229088